If you are laid off because your told that “You’re not up to par” but they will not show you the supposed “numbers” stating that you are the lowest raking in the office, is that wrongful termination?

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If you are laid off because your told that “You’re not up to par” but they will not show you the supposed “numbers” stating that you are the lowest raking in the office, is that wrongful termination?

Asked on August 5, 2015 under Employment Labor Law, Iowa

Answers:

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

Answered 6 years ago | Contributor

No, this is not a case of wrongful termination. Only if an employee is dismissed for certain reasons, can it constitute a case of wrongful termination. For example, was it due to retaliation (e.g. whisle blowing) or a breach of public policy (terminating an employee for missing work due to jury duty, etc.)? Did your firing contstitute the breach of an express promise (as in an employment or union contract) or breach of an implied promise made by the employer? Or did it constitute actionable discrimination; in other words was it due to your being part of a "protected class" (i.e. was your discharge based on their race, religion, age, disability, gender, sexual identity, nationality).

If none of the above apply, then your discharge was legal. The fact is that an employer can set the terms and condiitons of the workplace much as it sees fit. This includes who to fire and why (actually, an employee can be discharged for any reason or no reason at all).

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

Answered 6 years ago | Contributor

No, this is not a case of wrongful termination. Only if an employee is dismissed for certain reasons, can it constitute a case of wrongful termination. For example, was it due to retaliation (e.g. whisle blowing) or a breach of public policy (terminating an employee for missing work due to jury duty, etc.)? Did your firing contstitute the breach of an express promise (as in an employment or union contract) or breach of an implied promise made by the employer? Or did it constitute actionable discrimination; in other words was it due to your being part of a "protected class" (i.e. was your discharge based on their race, religion, age, disability, gender, sexual identity, nationality).

If none of the above apply, then your discharge was legal. The fact is that an employer can set the terms and condiitons of the workplace much as it sees fit. This includes who to fire and why (actually, an employee can be discharged for any reason or no reason at all).


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