What constitutes wrongful discharge?
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What constitutes wrongful discharge?
I have been terminated as a branch manager from a medicare licensed home health agency due to the fact that I agreed to sign as an administrator for a pediatric home therapy company on paper only. This was in order to allow the owners of this company to get licensure. In return, I will, in the future receive 2% of the profits of this company. My most recent employer was told about this and terminated me immediately. I have never been nor am I now an employee of this company. I don’t receive a paycheck from this company. I have never been involved in the daily operations of this business.
Asked on November 3, 2010 under Employment Labor Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I'm afraid that you probably have no legal recourse here for wrongful termination. The fact is that most employment arrangementss are what is known as "at will". So you can choose to work for an employer or not, and an employer can hire or fire you for any reason or no reason. Exceptions to this would be if this action was not allowed due to an employment contract, union agreement, or company policy statement. Also, discrimination must not have played a role in your termination. Absent any of these circumstance your firing was lawful.
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