What can I do if I have been wrongfully terminated?

UPDATED: Aug 2, 2011

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What can I do if I have been wrongfully terminated?

I was put on suspension last month because the manager of the store did not communicate with all parties about inventory loss that occurred in the store week to week. I had no prior knowledge of this policy; I understood that if one was contacted about the loss that if there was a problem that person would then contact the other parties. It has been almost 2 weeks since my suspension and I have not heard anything about my employment status. I contacted HR and they told me that my regional sales director had to contact me about it. Since the conversation held with HR I have yet to hear from the regional sales director. I’ve heard that the director has found a replacement for my position. I think the suspension was extreme since this was a first offense. I want to know if any action can be taken.

Asked on August 2, 2011 Indiana


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unless you have a contract guaranteeing employment for a certain amount of time, you can in most state be fired with or without cause and with or without prior notice. The issue for you is two fold herein. First, you were not effectively informed of the policy and this suspension/constructive termination may not be permissible as conducted though the end result may be legal. At this point, you may need to file grievances with the Equal Employment Opportunity Commission after you immediately apply for unemployment.

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.

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