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Should i sue

Updated: 12/10/2022
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15y ago

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In the United States, if you are an "at-will" employee, and not covered by the terms of a union contract, your employment may be terminated either by you or your employer "at-will"... What this means is that you can quit any time you desire; and, you can be terminated at any time by the employer. Neither of these actions need satisfy any particular requirement in order to be legal. You won't be fined or incarcerated for walking off the job; and, the employer will not suffer any consequences for walking you off of that job. Where that action by the employer is in opposition to the law in some way, as would be the case with any form of discrimination, then their action stands to be subject to the courts for review--- and they may be found guilty of that discriminatory practice. Where no such law has been infracted, the employee stands alone. Where a contract is involved, termination of an employee is spelled out as to where the contract differs from company policy; and, as long as that contract and its stipulations and clauses governing such action remain in effect, those terms are what must be adhered to in order for legality to be satisfied. Lacking a contract, an employer can arbitrarily decide at any point, at any hour of any day, without discussion or explanation, that one or all employees must go. Exceptions to this scenario exist where such action, conducted en-masse, tends to threaten a vital service or introduce a threat to the safety or welfare of the public in the eyes of the federal government. Usually, this sort of action is not of the "termination" type, but of the "strike" type--- and is centered around contract negotiations. Air Traffic Controllers have been induced to go back to work before, as an example... It is not right for a company to dismiss a loyal and hard-working employee who has invested many years of service into the company, without cause. At one time, this was "just not done"... These days, there are no such assurances for the employee. What seems "right" is not what's legal; and, the employer is induced to do what's legal--- not what's necessarily "right" for the employee. The one thing an "at-will" employee who has been terminated might be able to find as a "right" is Unemployment Compensation; and, the question of whether or not the person was let-go "for cause" enters into the equation. Where "just cause" is not demonstrated, or is not substantiated to the satisfaction of an appeals official, U.I. benefits are customarily awarded.

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15y ago
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