How canI prove a wrongful termination claim?

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How canI prove a wrongful termination claim?

I was terminated from my job today. The reason given was a customer complained about my lack of excitement. I have never been written up or missed a day. In the past week employees have been questioned about my second job as an exotic dancer and all of a sudden my attitude is a problem. The manager has also stated that he bets I will quit because I make more money at my other job. Then 10 minutes after he fired me, I recieved a text from his phone saying how he had just fired me because my attitude sucked and it’s best for the image of the company. Am I too angry or is this basis for a wrongful termination claim?

Asked on November 15, 2011 under Employment Labor Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The fact is that unless there was some form of actionable discriminationat work here, you don't appear to have a claim. This type of discrimination would have to be for your being a member of a protected class. Such classes are based on race, religion, gender, etc. Based on the facts presented there appears to be no discrimination here that would result in a claim for wrongful termination.

The only other protection you would have regarding your dismissal would be if it violated a union agreement, employment contract, or existing company policy. Absent that, you were an "at will" employee. Accordingly you could have been discharged for any reason or no reason at all, with or without notice.


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.

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