Can I sue my ex-employer for an unjustly termination and now denied me unemployment?

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Can I sue my ex-employer for an unjustly termination and now denied me unemployment?

I was written up for the first time in 16 months for insurbordination, which was unjust. Then a week later fired, this was clearly retaliation from the so called insurbordination, which was me asking a supervisor a question

Asked on November 29, 2012 under Employment Labor Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The law does not recognize "unjust" termination. If you were an employee at will, you may be fired at any time, for any reason, even if it's unfair; and if you did not have a written employment contract, you were an employee at will. Furthermore, if you were insubordinate, that may be grounds for termination for cause (which does make the employee ineligible for unemployment compensation); if you believe, however, that you were not insubordinate, then you could appeal any denial of unemployment made on that basis--you most likely cannot sue them, however, since again, they have the right to terminate you if you don't have a contract, and the proper remedy for a wrongful denial of unemployment is to appeal that determination.


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