How do I file a wrongful termination suit pro se?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do I file a wrongful termination suit pro se?
I requested to leave early and was terminated. Since I’ve been with the company, I’ve never left early, came in late, or missed a day. We’ve had employees do much worse and keep there jobs.
Asked on July 5, 2012 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
From what you describe, you were not wrongfully terminated unless either 1) or 2) below applies; that is because unless one or both of the below apply, you could be termianted at any time, for any reason, without prior warning--even if you otherwise were a model employee, and even for things other employees do or have done without penalty.
1) If there is an employment contract guarantying you employment for a period of time, limiting the grounds for termination, and/or providing for a specific disciplinary process which must be followed, that contract is enforceable and you may not be fired in a way which violates it.
2) If you believe you were treated worse or differently than other employees due to discrimination against a specifically-protected category--the main ones are against race, religion, age over 40, disability, or sex/gender--that may be illegal discrimination.
Apart from the above, your employer could choose to fire you based on what you write.
If you are determined to file a suit, contact your county court, either in person or onlinie, to find instructions and sample forms.
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.