Does this qualify wrongful termination if so how should I go about legally?
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Does this qualify wrongful termination if so how should I go about legally?
I was working for The Cheesecake Factory as a server for over a year. In November I had a few consistent days off and used that time to vacation myself out of state. Upon my first day returning to work, I was assaulted by another employee of the same rank on the exterior side of the work building. I was still on the clock and ambushed by the attack. Police and Management got involved and I pressed charges against the attacker. I was sent home due to injuries on my face and blood on my uniform. Expecting to return to work being the victim, I received a call being terminated instead for an incident I didn’t provoke nor instigate. After enduring physical, emotional, and financial distress is there anything that I can do for justice in my case?
Asked on January 10, 2018 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unfortunately, unless you had a written employment contract which was violated by your termination, this was not wrongful termination--at least not in a legal sense; I won't disagree that it was unfair and morally wrong. Without a written contract, employment is "employment at will"; that means an employee may be terminated at any time, for any reason, even unfairly and for things which were not his/her fault--even when, as here, the employee was the victim of a criminal assault. Without a contract, you have no guaranty of or rights to a job, and so may be terminated at will.
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