What are my rights if I was terminated because of what someone else said they “heard” me say?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights if I was terminated because of what someone else said they “heard” me say?
I was never written up or given any verbal warnings. I checked my protocol and it clearly states that unless the infraction is so severe all other means will be taken first. I “allegedly” called someone a bitch.
Asked on November 20, 2011 under Employment Labor Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you have a contract setting forth the grounds for termination, or a process that must be followed for termination or discipline, you can enforce that contract. Even if you don't have a specific written contract, it *may* be the case that an employee or policy handbook creates an "implied" contract in this regard that you could enforce, but it would only do so if there is no language in the handbook limiting its enforceability. Thus, if the handbook says that all employment is employment at will, or that nothing in it creates a contract of employment, or that policies are subject to change at will, etc., there is little or no enforceability to it.
Unless you have either an explicit contract or an implied contract can be found from a very strong, no limitations, employee handbook or the like, you can most likely be terminated at any time, for any reason, including the one you describe.
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.