If I’m replaced by a former employee who has agreed to drop a lawsuit against the company, can I file for wrongful termination?

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If I’m replaced by a former employee who has agreed to drop a lawsuit against the company, can I file for wrongful termination?

I am about to be replaced at my job by a former employee of the company that is dropping his age discrimination lawsuit in order to recover his old job – which I now have. Once this occurs, do I have any legal grounds to stand on to file a suit of my own?

Asked on October 10, 2010 under Employment Labor Law, Florida

Answers:

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

Answered 10 years ago | Contributor

Unfortunately, based on the facts presented it doesn't appear that you have any legal recourse for a wrongful termination suit.  The reason is that most employment relationships are what is known as "at will"; meaning that you can choose to work for an employer or not and an employer can hire or fire you for any reason or no reason.  While seemingly unfair it's the law. Exceptions to this would be if this action was not allowed by virtue of an employment contract, union agreement, or official company policy statement.  Also, discrimination must not have played a role in your termination (ie for race, religion, national origin, etc).  Absent any of these circumstances your firing was lawful.


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