Am I eligible to file a wrongful termination suit?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Am I eligible to file a wrongful termination suit?

I was fired from my job in November 2015. They claimed it was for time theft. At the time I had no clue what they were talking about but it was later revealed to me that my store manager was keeping us on the clock if we had a sick day or if he let us go early. I had no knowledge of what was happening but I was the only employee fired besides the manager. They claimed that because the manager was my ex-brother-in-law that I had to know what was happening. It was a male-dominated industry

and I was the only woman. Can I file a wrongful termination suit even though it’s been over a year?

Asked on February 23, 2017 under Employment Labor Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unfortunately, the time period for filing a claim of sex-based employment discrimination is less than a year--depending on the exact circumstances, it's generally 180 or 300 days--so at "over a year," you are likely out of time.
Also, the fact that you were the only woman does not by itself make this discrimination: you'd have to show (even if you were in time to file the suit) that the termination was *because* you were a woman. Termination for any other reason, even if unfair or incorrect (e.g. blaming you for something you did not do) is not discrimination. And if you were not the victim of discrimination and did not have a written employment contract preventing termination in this situation, you could, as an employee at will (everyone is an employee at will when they do not have a written employment contract), be terminated at any time, for any reason.

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption