How canI prove a wrongful termination claim?
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How canI prove a wrongful termination claim?
I was terminated from my job today. The reason given was a customer complained about my lack of excitement. I have never been written up or missed a day. In the past week employees have been questioned about my second job as an exotic dancer and all of a sudden my attitude is a problem. The manager has also stated that he bets I will quit because I make more money at my other job. Then 10 minutes after he fired me, I recieved a text from his phone saying how he had just fired me because my attitude sucked and it’s best for the image of the company. Am I too angry or is this basis for a wrongful termination claim?
Asked on November 15, 2011 under Employment Labor Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The fact is that unless there was some form of actionable discriminationat work here, you don't appear to have a claim. This type of discrimination would have to be for your being a member of a protected class. Such classes are based on race, religion, gender, etc. Based on the facts presented there appears to be no discrimination here that would result in a claim for wrongful termination.
The only other protection you would have regarding your dismissal would be if it violated a union agreement, employment contract, or existing company policy. Absent that, you were an "at will" employee. Accordingly you could have been discharged for any reason or no reason at all, with or without notice.
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