If I was fired for being arrestedbut thennot rehired, can I seek a wrongful termination suit?

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If I was fired for being arrestedbut thennot rehired, can I seek a wrongful termination suit?

I work as an RN; I signed an employee contract specifying wage but I can’t remember the length of employment included. Company policy calls for “just cause” in firings. Charges for misconduct have been dismissed; company policy states that once found innocent you are eligible for rehire. I followed all other policies including disclosure of arrest. Spoke to employer. I was at first told that I could not have my job back. I then reminded them of company policy and was told that my situation would be discussed with HR and to call back in a few days. If I’m not rehired what are y legal options? 

Asked on October 31, 2011 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

For a definitive answer, you need to bring your contract and any policy statements (e.g. an employee handbook) to an attorney who can review them and your situation with you. What exactly it says in these documents will be critical, since under the law, unless there is a contract to the contrary, employers are generally free to terminate staff at any time, for any reason--and are not obligated to rehire them if the reason they chose to terminate them turns out to be incorrect or not an issue. Therefore, only to the extent that the employee contract and binding policies requires reinstatement or rehiring, would you seem to have a cause of action; and in that regard, note that if the policies simply state you are


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