Can I sue for wrongful termination if...?
Question: ...I get laid off after being driven from my position by my boss - a sniveling, ungrateful, passive-aggressive, backstabbing weasel. I worked for him for 3+ years & catered to his every (professional) whim. I listened to him *****, whine, complain & moan...all the while offering him emotional support . I figured I had it made with brownie points after all that, esp. after his big anxiety attack at his desk. I ran to get him aspirin in case it was a heart attack. He was taken to the hospital by ambulance. He was put on benzos. When he returned, he had a hissy fit -- over nothing -- called me a liar --completely untrue & decided to have me replaced. I beat him to the punch & offered to float within our large main office (I didn't want to be 'canned'). Unfortunately, it was bad timing, since the company's downsizing. If i get laid off, can I sue for wrongful termination since the freak drove me to leave my spot? I've been a model employee at the company for almost 20 yrs!
Answer:
Probably not, unless you can claim some type of discrimination because of age, sex, race, ethnic origin, religion, military, marital status, etc. (see www.eeoc.gov). If you were replaced by a younger person, and you are over 40, you may have an age discrimination case. Your state laws may also be of some assistance, search 'your state Human Rights Department'. You would need a local attorney to determine this.
Because of your long tenure with the company, you may be able to avoid downsizing by offering to be reassigned to another position. Some companies will let those employees with longer seniority "bump" another employee out of a job. Also, your ability to float within the office could turn out to be a great asset. You are proving every day that you can handle a large volume of work and work for a variety of people.
As for the jerk boss, I am sure that his bosses know all too well what a difficult person he is. Who knows, when the downsizing happens it may be him who is out.
Good luck.
no if you were fired from your first position for no reason then you could sue but you willing decided to float and that position no longer exsit so that is justified
Since this is my profession, I would have to say no. If you're in an at will state, there is nothing you can do. The best for you to do now is if they do not offer you anything, unemployment will be your best bet.
No. Unless you are a contract worker, they can terminate you for ANY reason. They don't even have to give you a reason.
If you are a regular employee, there isn't anything you can do.
You need to stop worrying about sueing and start looking for a new job.
No, if you are laid off it's not a wrongful termination since you made the decision to get transferred out of your position. I would suggest you find something in the company and try to ride out the downsizing as best you can.
If you had not asked for the transfer and they fired you for an illegal reason (your age, sex, religion) then you might have a case.
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