Is it possible to take legal action against a company for being fired wrongfully?

A friend was fired from her job unjustly. She worked Asset Protection at a big store. While making her rounds, she was on the phone and said, in a private conversation, “He fooled me once, but he won’t fool me twice”. A gentleman of color was standing within earshot and decided to sue the store for racial profiling and discrimination because of the sentence. He claimed she was following him and said that, in a private conversation with someone who was not even in the state, because he is black. She got fired. Is there anything she can do to fight that?

Asked on November 11, 2011 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your friend did not have an employment contract of some kind, she would be an employee at will. An employee at will may be fired at any time, for any reason--even an incorrect or unfair reason. So without a contract, it is very likely she could be fired like this, even if the factual basis is wrong, unless she can show that her termination was due to discrimination against her, by the employer, on the basis of her race, sex, religion, age over 40, or disability.


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