Can I sue my employer for wrongful termination due to a policy I did not have no knowledge of?

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Can I sue my employer for wrongful termination due to a policy I did not have no knowledge of?

I was never issued an employee handbook. I never signed the paper stating that I understand the contents of the handbook.

Asked on August 24, 2011 Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately, you probably do not have a wrongful termination claim. The problem is, almost no termination is actually wrongful. For example, if you do not have an employment contract (including a union agreement covering you), then you are an employee at will. An employee at will may be fired at any time, for any reason--including for violations of policies which the employee did not know, or even just because the employer didn't like him or her. The only real limitations on firing an employee at will are:

1) No termination because of the employee's race, sex, religion, age over 40, disability, etc.

2) No termination to retaliate for the employee having used a protected benefit (like FMLA leave) or for having brought a protected claim (like an overtime or a discrimination claim).

Other than that, though, if you don't have a contract, your employer can probably terminate you at will.


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