Have YOU ever been fired without a reason?

Lemme guess

1. Most employer-employer relationships, unless specified otherwise in a written agreement, are considered "at-will employment." That means either party can terminate the employment at any time for any reason or no reason at all. Of course, there are rules to this, but generally at-will employment rules allow an employer to terminate someone for no reason at all. Just like most of us are free to quit at any time.

2. She would have a very good case for unemployment.

3. Unless she can prove she was fired because of her race, gender, or some other protected reason, she's got no chance. Tell her to move on and get another job.

vtori W

employer at will is just that, they don't need a reason

wannabefree

She doesn't have a case

Vloz

I dont think she has a case..

Consequently, employers have the right to discharge employees, pretty much the same as employees have the right to quit. Read At Will Employment for more information or consult a lawyer for legal advice about wrongful termination.

AT WILL EMPLOYMENT:
at will employment means that employees may generally quit their jobs at any time, for any, no or even unfair reasons.

By the same token, employers may generally fire or layoff employees at any time, for any, no or even unfair reasons. (That's the inference of the saying, "I serve at the pleasure of the board of directors.") Exceptions are noted on the next page.

MoneyMatt

Depends where you are. Here in CA, as well as many other states now, you are employed at will...basically as long as both you and your employer want you to work there. As soon as one party changes their mind, they have the right to terminate employment without due cause or prior notice. If the state you're in abides by the same law, your case is going to go nowhere.

Serena T

That happened to my friend, she was a manager at a pizza place, and she tried suing with no results. They just told her to go on unemployment...

Jason

She needs to talk to an employment law attorney- the laws are different in each state.

I was fired for bogus reasons that the company kept changing once, and the lawyer told me that Wisconsin is an 'at will' employment state, so they can fire you for anything at all. They can fire you for having a booger on your nose if they want to. That is what the lawyer told me. Of course I am a white male and don't fit into any category that gets special considerations.

I've heard that California is much better, but I don't know where your sis lives.

TedEx

1, unless you have a specific employment contract or are a memberof a union,all you can do is forget it and move on.
2. She probably was, but, again,## 1 applies. Sje can be terminated at any time, for any reason, or forno reason at all.
3. Forget it!! A lawyer willl ask for a big retainer up front, maybe $ 1000.00 or more, and he can guarantee nothing.Even if she wins, she loses.

-
Welcome to the club.
If this just happened, has she signed for unemployment?? She should do so at once. You can do it on line. Then. polish up her resume.

Nightrider

There are several things:
1. Yes I have been fired from job. I bounced back soon and found a wonderful career. Your sis will too after the initial shock.

2. The employer must give her 2 or 3 WRITTEN warnings; give her plenty of opportunity to improve on points that were in the warning letter.

3. employer should help her in many ways to improve herself in those areas that need improvement. There should be a documented evidence that this conversation took place and she signs and the employer signs and she MUST get a copy.

4. There MUST be a witness present when she gets "THE LETTER"

5. Employer must help her to resettle in another job of comparable nature.

6. They cannot give bad reference in a way that will jeopardize her new job.

7. They can only give info. like --- When she joined the company, how long she worked and why does not have a job now. If she is fired, (which is the case here), then the employer can say she was fired and stop there. They cannot say she did this or that (unless she stole items from her employer, such as articles, money etc..)

8. If any of the above did not happen prior to getting fired she should consult the lawyer right away and sue them for improper dismissal.

Normally the employer will settle out of court.

Point of all this is that you cannot take the dignity away of the person and face it - not every job suits every person. Getting fired is not the end of the world. Just move on and concentrate on getting the next job.

mlz194085

as you describe your Sisters dilemma
she is doing the right thing
as for your request
ask the lawyer
how the Quill do we know..

Bead_Junkie

I don't know what state you're in, but in Pennsylvania, I don't have to give a reason why I fire someone. It's called an "at will state" meaning you can fire at will. Your sister I'm sure has an idea why she was fired. I've never fired anyone without a reason.

I mean, maybe business is bad and there's cutbacks. Not necessarily she did anything wrong (although that's the only reason I've ever fired anyone).

Riley O

she does have a good chance in winning because if they just fire her for no reason, or they don't give her any warning, then she shoiuld be okay. If they tell you in court, then that still doesnt matter becauseshe aksed before without a judge there, so what is the difference wether there is a judge or not! good luck!

xBananax

She doesn't have a case unless she can prove she was fired for discriminative reasons, which is almost impossible without witlessness or recordings of some kind.

Employers have the right to terminate employees as they seem fit, companies with unions are the only exception as it breaks contract.

She can however file for unemployment.

BUT, if the termination was a direct result of abusing days off or a call in sick policy, theres a good chance its filed as a voluntary quit. In which case she is SOL, so to speak.

Joseph R

contact a lawyer. see what the lawyer says if you have a case or not. yes i think that she has a case if she gets her a good lawyer she will be able to sue the paints off of the company that she was working for. the company will want to keep her quiet so they will probably offer her an out of court settlement.

cspb

1. Personal courtesy dictates that she be given reason for termination. When she files for unemployment, the agency will request from the employer the reasons for the termination. The reason is that this will give the employer the opportunity to fight the distribution of unemployment benefits. If they ever have to pay out unemployment, they are subject to a higher rate of payout to unemployment per pay period. Most employers are reluctant to do that and as a result will not terminate without just cause and documented reasons. She may have been laid off because of financial reasons. I don't think she has a strong case and I would not venture to guess whether she was wrongfully terminated based only on the information provided.

maur911

Tell her to get over it and move on!

rwa000

she has no recourse, they don't have to provide a reason, RUDE yes but also very legal, don't waste your time going to an attorney

timberline06450

Check with a lawyer

ashmailbox1

Myriad of times

rainmanrayc

sounds like she got shafted and needs to pick up and find a better job than what she had.obviously she wasn't liked or needed where she was and if she sues it will be harder for her to find a good job because other employers will be affraid of getting sued by her also.forgive and forget and let that be a learning experience for her.god will punish her ex-boss severly.it is not our place to be the punisher.the bible says to feed your enemy if he is hungry and give them water if they are thirsty and by doing that god will stack burning coals on yor enemies......kill'em with kindness no matter how much it hurts you.

suspendedagain300

She got fired for a reason, she just isn't telling you the reason. No one gets canned without any reason at all. Maybe she got laid off for downsizing in which case she can get unemployment, but no one just gets fired for no reason at all. I am not saying that they CAN'T fire her for no reason, most employment is "at will" so they theoretically could just fire her on a whim but that's not how the real world works. There is a reason for her termination and isn't just because it was Tuesday and her boss felt like firing someone.

juan_poontang

Yes she definitely should do something, I was working at an insurance company and they fired me because i was playing games at my PC during MY BREAK. but here we don't have laws like you guys to do SOMETHING about it, so she has to take the oportunity to do justice.

Anna Bannana

1. She should barg in there and demand a explaintion.
2. She should have had a reason being fired.
3. She totally will win

April H

It will probably be the dentist's word over her's, and basically you know what that means..............he has more money than her so only his voice is really going to be heard. I could be wrong but if I was her, I wouldnt spend alot of time messing with this issue and just start looking for another job

Tee

all I know is she def has a case, Now a days you need a really good reason to fire someone. Its harder than it used to be to fire someone without legal issues. She should have gotten a reason.

They probably think you will do anything about it. Call a lawyer for a deffinate answer on a case

Talal B

lool noo ... and i dont want to

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