How do I know if I have a case for wrongful termination?

UPDATED: Sep 30, 2022

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How do I know if I have a case for wrongful termination?

I have been a registered nurse for 25 years. I was working in a nursing home where I took the director of nursing position. I held the position for 11 months. I never had any training in the long term care area. I was under the administrator of 31 years to that nursing home. I also had a nurse consultant for about 3 months but she was terminated. I did not have another nurse consultant until a month before I was fired. I was terminated because 3 residents got scabies. The nurse consultant made a visit saw the rash but never pointed me in another direction and even made a note about seeing rashes, as well as the doctor had also seen the rash and stated he didn’t think it was scabies and that he had never saw any look like the residents’ rash. Yet I was terminated due to not following procedure when nurse consultant never gave me any proper instruction. At time of termination I was written up and terminated no other reprimands. I feel this was wrongful termination

Asked on August 23, 2016 under Employment Labor Law, Mississippi


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Wrongful termination has to do with a firing based on some form of legally actionable discrimination, which you did not indicate to be the case. It also has to do with being dismissed in violation of a union/collective bargaining agreement or employment contract, again something that you did not indicate. Otherwise, while seemingly unfair, your discharge was apparently legal. The fact is that most employment arrangements are "at will" which means that a company can set the conditions of the workplace much as it sees fit. This includes when and why to fire a worker. In fact, a business can dismiss an employee for any reason or no reason at all, with or without notice.

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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