Is it possible to take legal action against a company for being fired wrongfully?

UPDATED: Nov 11, 2011

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Is it possible to take legal action against a company for being fired wrongfully?

A friend was fired from her job unjustly. She worked Asset Protection at a big store. While making her rounds, she was on the phone and said, in a private conversation, “He fooled me once, but he won’t fool me twice”. A gentleman of color was standing within earshot and decided to sue the store for racial profiling and discrimination because of the sentence. He claimed she was following him and said that, in a private conversation with someone who was not even in the state, because he is black. She got fired. Is there anything she can do to fight that?

Asked on November 11, 2011 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your friend did not have an employment contract of some kind, she would be an employee at will. An employee at will may be fired at any time, for any reason--even an incorrect or unfair reason. So without a contract, it is very likely she could be fired like this, even if the factual basis is wrong, unless she can show that her termination was due to discrimination against her, by the employer, on the basis of her race, sex, religion, age over 40, or disability.

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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