DoI have a case for wrongful termination ifI never gave a formal termination?

UPDATED: Jan 4, 2011

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DoI have a case for wrongful termination ifI never gave a formal termination?

I was working for a high profile beverage company for 10 years until I made it to manager. With very little training they pressured me into getting the job done by any means possible. With performance slipping in the whole facility, myself and my counterpart were told to either start firing people or we would get fired. With such a toxic work environment and daily threats, I expressed my intention to possibly leave. They took it as a resignation (never gave them a note) and put a termination date in the system. I found out that the company restructered and our old bosses took some of our jobs.

Asked on January 4, 2011 under Employment Labor Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'm afraid that you have no legal recourse here for wrongful termination.  The reason is that most employment relationships are what is known as "at will".  In other words, you can choose to work for an employer or not and an employer can hire or fire you for any reason, a bad reason, or no reason; whther or not you gave formal notice to quit.  It's the law. The fact that your old bosses took some of your jobs does not matter.

The exceptions would be if this action was not allowed by virtue of an employment contract/union agreement, or it violated company policy.  Also, discrimination must not have played a role in your termination.  Absent any of these circumstance your firing was lawful.

Note:  As long as you did not resign or were terminated for cause, then you still have the right to file an unemployment claim. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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