Can I sue for wrongful termination if a company has a policy that is unfairly enforced?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I sue for wrongful termination if a company has a policy that is unfairly enforced?

The company I worked for had a policy where an employee could only miss 3 clockins or lock-outs in a 3 month period. They have no way for the employees to verify this, only by memory. I wrote to the corporate office when I received my second notice that I failed to punch. I received a call from someone in the corporate office who advised that she understood that it was unfair but it was their policy and they have no way for an employee to verify their punches. She also acknowledged that they have had to let several good employees go for this reason.

Asked on February 4, 2011 under Employment Labor Law, Delaware

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

1) If there is no employment contract or agreement (including a union agreement), you are an employee at will. An employee at will may be fired at any time, for any reason, including bad or unfair reasons. The law does not, with only a very few exceptions, require employers to be fair. So without a contract, your employer may terminate you or otherwise discipine you whenever they want.

2) A company can't discriminate or harass someone specifically because of certain protected categories; so if you were treated differently or worse than others because of something like your race, sex, religion, age over 40, or disability status, you may have a cause of action.

3) A company also can't retaliate against someone for using certain protected rights; so if you were treated badly because you filed a worker's comp claim, a wage and hour claim, or used FMLA leave, for example, you may have a cause of action.

 

 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption