• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Wrongful dismissal

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Dommiek

Junior Member
I was working at a factory where I was employed on a permanent basis and in was receiving allowances. This job was recommended to me by a top manager at the factory but now since he left others have grown with greed and have decided to dismiss me in a mannerni think is not right because the HR was not involved as I have talked to him and he confirmed he knows nothing of the sort. What should I do
 


Taxing Matters

Overtaxed Member
I was working at a factory where I was employed on a permanent basis and in was receiving allowances. This job was recommended to me by a top manager at the factory but now since he left others have grown with greed and have decided to dismiss me in a mannerni think is not right because the HR was not involved as I have talked to him and he confirmed he knows nothing of the sort. What should I do

You did not indicate in what country you were employed, and if you were employed in the U.S. in what state you were employed. This site only addresses law in the U.S. and most of employment law in the U.S. is state law. In the U.S. the rule used in most states is employment at will. Under employment at will, the employer and the employee are free to terminate the employment relationship at any time for almost any reason. The law prohibits employers from firing you for a few specific reasons. The prohibited reasons include firing you because:
• of your race, color, religion, sex, national origin, citizenship, age, disability, or genetic test information under federal law (some states/localities add a few more categories like sexual orientation);
• you make certain kinds of reports about the employer to the government or in limited circumstances to specified persons in the employing company itself (known as whistle-blower protection laws);
• you participate in union organizing activities;
• you use a right or benefit the law guarantees you (e.g. using leave under FMLA);
• you filed a bankruptcy petition;
• your pay was garnished by a single creditor; and
• you took time off work to attend jury duty (in most states).​

The exact list of prohibited reasons will vary by state. You have not stated what reason the employer had in firing you, and in the U.S. that will matter. If it was for a reason like those listed above then the termination was wrongful. Otherwise, it was not. Note that your boss had no obligation under the law to check with HR prior to firing you.
 

cbg

I'm a Northern Girl
A wrongful termination means that the employer violated a law - not a company policy, a Federal, state or municipal law - by terming you.

There is no law that requires HR to be involved in a termination.

With that in mind, exactly what law do you believe was violated?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top