Do I have any legal grounds for a wrongful termination lawsuit?

UPDATED: Oct 17, 2011

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Do I have any legal grounds for a wrongful termination lawsuit?

I was let go by a company for an accusation that I made a racial slur (I’m not that type of person). The letter that I received said that they could not prove that I made the slur but based on a previous write-up and based on witnesses that were supposed to have been there when it happened, they felt that I made it. I recently spoke to one of the so-called witness and he said that he lied because the person that made the accusation told him that I was trying to get him fired. I contacted that company and asked for a new investigation (in writing) and I have not heard anything from them.

Asked on October 17, 2011 under Employment Labor Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Do you have an employment contract or agreement (including a union or collective bargaining contract covering your position)? If you do not, then you are an employee at will. An employee at will may be terminated at any time, for any reason--even reasons that are unfair or factually mistaken. To put it simply, employees at will have almost no rights in their jobs or any job protection.  Therefore, if you were an employee at will, you would only have a wrongfuly termination claim if you can link your termination to discrimination against you on the basis of your race, sex, religion, age over 40, or disability; or to retaliation for your having used a protected benefit (e.g. Family and Medical Leave Act Leave) or having filed protected claim (including a claim for discrimation or for overtime).

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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