If I was fired for being arrestedbut thennot rehired, can I seek a wrongful termination suit?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I was fired for being arrestedbut thennot rehired, can I seek a wrongful termination suit?

I work as an RN; I signed an employee contract specifying wage but I can’t remember the length of employment included. Company policy calls for “just cause” in firings. Charges for misconduct have been dismissed; company policy states that once found innocent you are eligible for rehire. I followed all other policies including disclosure of arrest. Spoke to employer. I was at first told that I could not have my job back. I then reminded them of company policy and was told that my situation would be discussed with HR and to call back in a few days. If I’m not rehired what are y legal options? 

Asked on October 31, 2011 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

For a definitive answer, you need to bring your contract and any policy statements (e.g. an employee handbook) to an attorney who can review them and your situation with you. What exactly it says in these documents will be critical, since under the law, unless there is a contract to the contrary, employers are generally free to terminate staff at any time, for any reason--and are not obligated to rehire them if the reason they chose to terminate them turns out to be incorrect or not an issue. Therefore, only to the extent that the employee contract and binding policies requires reinstatement or rehiring, would you seem to have a cause of action; and in that regard, note that if the policies simply state you are


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption