How best to fight a wrongful termination?

UPDATED: Jan 30, 2012

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How best to fight a wrongful termination?

I was terminated because, according to the company, I was in violation of their attendance policy. I provided HR with a list of witnesses that could attest that the accused “no call/no show” day that ultimately resulted in my termination was in fact incorrect. My supervisor was given a 2 day notice that I requested a day off and he approved that day. It wasn’t until mid-week of the following week that I received a write up saying that the day was unexcused. Again, my supervisor told me with witnesses, after I asked for confirmation that I was approved for the day off, that I was approved.

Asked on January 30, 2012 under Employment Labor Law, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The critical issue is whether or not you have an employment contract, or at least a very strong employee handbook/manual (one which does not contain any limitations on its enforceability), which sets out the attendence policy. The reason that is critical is that without a contract (including an implied contract created by a strong employee handbook), you are an employee at will; an employee at will may be terminated at any time, for any reason--including incorrect ones. Therefore, if you do not have an employment contract of some kind, it is very likely that your employer could fire you, even if they are mistaken about some facts. On the other hand, if there is a contract, it is enforceable; if you have a contract or a strong employee handbook, you should bring it to an employment law attorney to review with you.

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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