How best to fight a wrongful termination?

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How best to fight a wrongful termination?

I was terminated because, according to the company, I was in violation of their attendance policy. I provided HR with a list of witnesses that could attest that the accused “no call/no show” day that ultimately resulted in my termination was in fact incorrect. My supervisor was given a 2 day notice that I requested a day off and he approved that day. It wasn’t until mid-week of the following week that I received a write up saying that the day was unexcused. Again, my supervisor told me with witnesses, after I asked for confirmation that I was approved for the day off, that I was approved.

Asked on January 30, 2012 under Employment Labor Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The critical issue is whether or not you have an employment contract, or at least a very strong employee handbook/manual (one which does not contain any limitations on its enforceability), which sets out the attendence policy. The reason that is critical is that without a contract (including an implied contract created by a strong employee handbook), you are an employee at will; an employee at will may be terminated at any time, for any reason--including incorrect ones. Therefore, if you do not have an employment contract of some kind, it is very likely that your employer could fire you, even if they are mistaken about some facts. On the other hand, if there is a contract, it is enforceable; if you have a contract or a strong employee handbook, you should bring it to an employment law attorney to review with you.


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