Is there a way to fight a termination that was based on fradulent information?
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Is there a way to fight a termination that was based on fradulent information?
I worked at a daycare as a substitute after being bumped from full time. I subbed in a room for a week. I used to work in this room, so I used supplies from the art shelf like I used to do rather than use supplies from the boxes we never used when I was in that room. They said because I didn’t touch the supplies in the boxes I didn’t do curriculum and fired me. I did the curriculum activities, one was even on the wall. They saw me a week after this and said nothing, they waited a month to bring it up when there was no way I could defend myself by showing them the artwork on the wall as proof. I don’t want a termination for cause on my record.
Asked on August 18, 2010 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unfortunately, there is probably nothing you can do. Unless you had an employment contract or agreement of some kind, you are an employee at will. Any employee at will may be fired at any time, for any reason--even unfair or mistaken reasons--and there is generally no recourse. If you were fired on account of a protected characteristic--e.g. your race, sex, religion, age over 40, or disability--then you may have an employment discrimination claim; if you think that may be the case, you should consult with an employment attorney. Otherwise, though, an employer has essentially a free hand or carte blanche to fire an employee who is not protected by an employment agreement or contract (including a union agreement).
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