Do I have a case for wrongful termination
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Do I have a case for wrongful termination
I was framed at my place of business by my manager and director of the department. They claimed they had proof of my misconduct and gave me an ultimatum fight it and I would be deemed in bad standing with the company and
be banned from ever working for the company again or leave quietly, agree to quit and remain in good standing and be rehireable in 6 months. I agreed to go quietly simply because I was being told I was being terminated no matter what, so I went with the option that would make it so when I was looking for another job that my employer of the last seven years would say I was rehirable. I applied for unemployment and the commission double checked with me the terms
on which I left. I explain the story and I was deemed able to receive unemployment benefits. HR talked to my director about the matter, he changed his story to paint me guilty I did not do any form of misconduct and based on his version of what happened the company fought back and took my case to tribunal. My hearing was this past Monday 07/23/2018 and they ruled in my favor because my director failed to provide any evidence to prove his claim. With my case being settled in my favor in tribunal, and I have yet to be able to find a job which is making paying all my bills difficult, do I have a case
for wrongful termination and how do I find a lawyer who can help?
Asked on July 30, 2018 under Employment Labor Law, Oklahoma
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The fact is that "wrongful termination" has to do with losing a job due to some form of legally actionable discrimination (i.e. being fired due to your race, religion, gender, age (over 40), disability, nationality, etc.). It also has to do with being terminated in violation of the terms of a union agreement or employment contract. Otherwise, as a general rule, a company can set the condtions of employment much as it sees fit. Bottom line, a worker can be discharged for any reason or no reason at all, with or without notice.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unfortunately, you would not have a case for wrongful termination unless you had a written employment contract for a definite period of time (e.g. a one-year, two-year, five-year, etc. agreement) which is still in effect (unexpired) and which was violated by your termination. Without such a contract, you would have been an "employee at will"; an employee at will has no rights in or to a job and may be terminated at any time, for any reason, even for incorrect or unfair reasons. That you are eligible for unemployment has no bearing on this matter--that merely means that your termination for not "for cause" or that you did not voluntarily quit, but does not mean you could not be terminated.
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