Do I have a case for wrongful termination?

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Do I have a case for wrongful termination?

I was recently discharged after 10 years by my employer; the reason given was that my position was being eliminated due to centralization. I was told by my counterpart that my work was going to be assigned to her and another colleague in the office and not centralized. At the time this happened, I was working from home with approval from my manager while recovering from surgery. No official paperwork was filled out for leave, however I do have my manager’s approval by email to work from home until my doctor released me to go back into the office.

Also, I was served the paperwork severing my employment 4 days after the listed termination date, so I was working from home for 4 days without knowledge I was going to be terminated. They called me in to serve me. Not sure if I should fight this or sign the severance paperwork.

Asked on April 15, 2016 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Ultimately, if you did not have a written employment contract for a specific term (e.g. a one or two year contact) which was in force and which this termination violated, you were an employee at will and could be terminated at any time, for any reason whatsoever--and the employer does not even need to tell you the reason (or can tell you it's because of A, but then do B instead). As an employee at will, you had no rights in or to your job. The fact that had been working at home with employer approval does not change anything: the law doesn't require an employer to let you work at home, so they could rescind that approval at will--i.e. the approval to work at home adds nothing to your rights.
d on what you write, the could terminate you. And since severance is not required by law, they do not need to provide severance unless you sign.
If you worked for 4 days more than they are crediting you with, however, they should pay you for those 4 days as well.


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