wrongful termination?

[kaseybryant]

I worked for an auto dealership for about 11 months. in mid november i left on maternity leave. beginning of december they hired a company to do my position, eliminating my job. i was not informed until mid january that i was unable to come back to work i was laid off about a week and a half before i was due back. with a new born child and no job it does complicate things. was this a wrongful termination? do i have a right to file a case?

[clan_law]

Re: Wrongful Termination


I cannot assume that your employment was orally made or that there was no employment contract entered between you and your employer.

If indeed there was no employment contract entered between you and your employer, the “employment-at-will” doctrine would make your claim negated.

To give you some insight, the employment-at-will doctrine enunciates that, in the absence of employment contracts to the contrary, employment is construed to be voluntary and indefinite for both employees and employers.

Meaning, an at-will employee, is given the right to quit his employment whenever he wants, with no consequence whatsoever on his end.

On the other hand, an at-will employer may exercise the same option of terminating the employment relationship whenever they want to, also usually without any downside.

The doctrine goes against tenure security. This is evidence of the fact that an employee is faced with an endless battle against wrongful termination.

Usually, wrongful termination claims would end up at a bargain where the employee is put on the losing end.

However, when this case happens you need to seek assistance to an employment attorney. They would help you with your claim so that your claim would not be at naught and inutile.
:)