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Do you think I have a wrongful termination case?

Think I can win a wrongful termination case?

  • I worked for a retailer in Oklahoma when I was injured on the job and hurt my back. I was sent to a "corporate approved" doctor who found I had a legit back injury. So, they ...show more

  • Answer:

    unless a contract is breached or an illegal reason was used for the termination (discrimination, retaliation etcetera) there is NO such thing as wrongful termination.......... you can NOT draw WC and unemployment at the same time....... you will NOT be eligible for the unemployment once the state finds out you are still under WC and have not yet settled that claim........ IF you have settled your WC claim then you should be able to continue drawing your unemployment...... SO, if you are still drawing WC no unemployment. as far as your claim of wrongful termination: it is NOT legal to terminate an employee solely because they file a WC claim that is retaliation but being on WC does NOT in and of itself protect your job......... and to answer the original question.... i do NOT think you could win such a case.......

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I doubt it. But unless the company can show that you were fired for cause (misbehavior), your entitlement to unemployment should stand.

Woof

No I don't think you can win a wrongful termination suit. At-will employment is a doctrine of American law that defines an employment relationship in which either party can break the relationship with no liability, provided there was no express contract for a definite term governing the employment relationship and that the employer does not belong to a collective bargaining group (i.e., has not recognized a union). Under this legal doctrine: “any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work. Wrongful termination generally means an unfair employment discharge. However, not every unfair employment discharge constitutes wrongful termination. If the discharge is not illegal, then it's not wrongful termination in the legal sense, regardless of how unfair it seems. To better understand whether or not an unfair employment discharge constitutes wrongful termination, it's important to know that employment is "at will" in virtually all states. It means that the U.S. legal system generally considers employment to be voluntary and indefinite for both employers and employees. Consequently, employers have the right to discharge employees at anytime and for any, no or even unfair reasons, pretty much the same as employees have the right to quit at anytime and for any, no or even unfair reasons.

Heather

Go for it! Just make sure you get a good defense attorney. Hopefully you have all of the doctor appointment written down and maybe even call to get a the actual doctors to say that you were hurt and testify for you.

Tanya

i think if they have violated your rights as a employee i would speak to a wage and employee rights lawyers that deals with wrongful termination, because that doesnt seem like your employers handled the situation right.

First of all, go to a lawyer or your union rep. I don't know your company's side of all this but being fired "out of the blue" has to have something behind it -- probably your comp case -- and "because we can" is NOT a valid reason for appealing your unemployment ruling. Something is screwy here. Perry Mason where are you when we need you! LOL

doowopper1952

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