What constitute grounds for grounds for a wrongful termination claim?

UPDATED: Sep 6, 2011

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What constitute grounds for grounds for a wrongful termination claim?

I was AP for a major retailer. My partner has had at least 4 bad apps that can be proven, preceding our incident. In not one of those bad apps did he follow company procedure. He has not been coached or even talked too. In my case, I followed every procedure and was still terminated. But the bad app was his fault and I got terminated. He recently had a bad stop about 2 week ago but was promoted to to a supervisory position last week.

Asked on September 6, 2011 under Employment Labor Law, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The biggest issue--and possibly the only one which matters--is did you have an employment agreement or contract, and, if so, did it cover either grounds for termination or the procedure/process for termination? If you did, it's terms are enforceable, and if you were terminated in violation of it, you may have a claim.

If you did not have a contract, you are an employee at will. An employee at will may be terminated at any time, for any reason--even unfair ones, as long as:

1) the employer is not discriminating on the basis of race, religion, sex, age over 40, disability, etc.

2) the employer is not retaliating for having used  a protected benefit (like FMLA leave) or brought a protected claim (like for overtime, worker's compensation, or discrimination

But apart from 1) or 2) above, an employee at will can be fired at will; therefore, if you were an employee at will (no contract) and there was no discrimination or retaliation, you probably do not have a wrongful termination claim, unfortunately, even if everyone would agree your termination is otherwise unfair. Employers are not required to be fair.

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 AttorneyPages.com 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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