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Originally Posted by wrong again  Absolutely not! Please look up the meaning of "at will employee" and then get back to us |
Yep, many people make assumptions about employment law. In most states, you are an at will employee, meaning you are employed at the will of the company and can be terminated without cause. Sure, anyone can file a lawsuit, but if your state is an at will state, you do not have a valid claim. A prudent attorney may not even take the case because of the fear of a counter suit for filing a frivolous lawsuit. While most judges are reluctant to rule that a suit is frivolous because they do not want to be seen as putting up barriers to the idea that everyone should have the right to get their day in court, it can happen. If a suit is ruled to be frivolous, the plaintiff who filed the suit may be responsible for paying the other side's legal costs. You cannot be terminated based on discrimination for a protected group, like race, age, or gender. Your only recourse for termination without cause is to file for unemployment and you will likely receive unemployment pay; however, it is limited to a percentage of what you were making, is capped, has a time limit, and requires that you actively seek employment. Any employee should keep records, and perhaps a journal of incidents and make notes on what is said by managers. In the event of termination, you then have some actual information to provide to an attorney so he/she can make an informed decision.