Can I make a valid claim for unemployment, severance pay or wrongful termination if company policy was different that that whichI was told?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I make a valid claim for unemployment, severance pay or wrongful termination if company policy was different that that whichI was told?
I was fired from my job yesterday; I have been taking my free manager shift meals home in a to-go box 2 nights a week when I work a closing shift and do not get a break (12 hour shift). I was given permission to do this by a GM who retired about 6 weeks ago. The new GM was promoted from within our store and she nor anyone else ever addressed this issue or directed me in any way that lead me to believe I was not allowed to do this anymore. I have not received a separation notice and do not expect one.
Asked on October 1, 2011 under Employment Labor Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unfortunately, if you did not have an employment contract protecting your employment, by limiting the reasons for which you could be fired, guarantying employment for some term, or providing a process which must be fired for discipline or termination, you probably cannot make a wrongful termination claim. That is because without a contract, you would be an employee at will, and an employee at will may be fired at any time, for any reason--and that includes that a new GM does not approve of a policy or practice which a prior GM had allowed. You are not guaranteed any warning or notice or chance to change what you're doing if you are an employee at will, and the employer can terminate you immediately.
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 AttorneyPages.com 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.