Can I sue my ex-employer for an unjustly termination and now denied me unemployment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I sue my ex-employer for an unjustly termination and now denied me unemployment?
I was written up for the first time in 16 months for insurbordination, which was unjust. Then a week later fired, this was clearly retaliation from the so called insurbordination, which was me asking a supervisor a question
Asked on November 29, 2012 under Employment Labor Law, Arkansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The law does not recognize "unjust" termination. If you were an employee at will, you may be fired at any time, for any reason, even if it's unfair; and if you did not have a written employment contract, you were an employee at will. Furthermore, if you were insubordinate, that may be grounds for termination for cause (which does make the employee ineligible for unemployment compensation); if you believe, however, that you were not insubordinate, then you could appeal any denial of unemployment made on that basis--you most likely cannot sue them, however, since again, they have the right to terminate you if you don't have a contract, and the proper remedy for a wrongful denial of unemployment is to appeal that determination.
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.