Do I have a case for wrongful termination?
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Do I have a case for wrongful termination?
I started working for a company 6 months ago. From day one I have been harassed, tagged, bullied and even had a manager put her hands on me physically.constantly been told something needed to be improved and every time I jump that hoop they hit me with another. I have never been late and have perfect attendance minus one day I was seriously ill. I was recently terminated saying that I didn’t meet performance expectations but I have an annual review sheet that states otherwise. In addition, my manager did not follow company discipline policy to terminate me. He used something he himself created. Is this breach of contract or at the very least wonderful termination?
Asked on September 19, 2018 under Employment Labor Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You ask if this is "breach of contract"? The question is--do you have a written employment contract and, if so, what does it say? If you have a written contract, then compare its terms to your termination: if the termination violated the contracts terms then this is breach of contract.
But if you don't have a written employment contract, this is not breach of contract: only a written contract creates an enforceable contract or rights in the employment context.
If you don't have a written contract, you are an "employee at will." An employee at will may be terminated at any time, for any reason whatsoever that is not illegal discrimination.
Certain kinds--and only certain kinds--of employment discrimation or harassment have been made illegal. The primary ones are discrimination or harassment aimed at you due to your race, color, national origin, age 40 or over, sex, religion, or disability. If the harassment, bullying, etc. was aimed at you for one of those reasons, and/or you believe you were terminated for one of those reasons, you may have a claim for illegal employment discrimination and should contact the federal Equal Employment Opportunity Commission (EEOC) to file a complaint. But if the treatment was not due to one of those factors, then even though it was unfair it was legal, and you would have no claim or cause of action.
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