Do I have a case?

[SHbicycle]

I am looking for a Attorney to see if I was fired unjustly from my job. I was not going to do anything but I have a lot of people telling me to talk to a attorney. I have not called anybody yet so I thought I would see if anyone on here could run me in the right direction.

[victorcharlie]

What happened? Lot of people are without a job right now, myself included. Why would you think you have a case?

[DaveTN]

Do I have a case?

No info??

But since Tennessee is employment at will I wouldn’t think they even need a reason to let you go.

Good luck though.

Disclaimer: I am not an attorney, do not play one on TV and did not sleep at a Holiday Inn last night.

[Guest joeharris]

In Tn. you can be fired for any reason or no reason! Unless there is some type of discrimination involved, you would waste your money on a Lawyer.

But you could get Unemployment unless you were guilty of Gross Misconduct!

You got us curious as to what happ?

[Guest JHatmaker]

No info??

But since Tennessee is employment at will I wouldn’t think they even need a reason to let you go.

Good luck though.

Disclaimer: I am not an attorney, do not play one on TV and did not sleep at a Holiday Inn last night.

Exactly. I was involved in the whole AT&T surplus, but fortunately for me I wanted to leave. Tell us what happened and we'll tell you if it's even worth the trouble. We gotta have more info.

[SHbicycle]

I broke my foot and the Dr. put me on light duty not on my feet for more than 5 min. I went to work and was told to go home they do not have light duty. I was told to call human resource that afternoon so I called about 2 left a voice mail and then called back 2 days latter. Each time I called I left my #. About at the end of the time the Dr. had me on light duty I got a letter from work saying I had quit because I did not show up for work. They said they tried to call but no one would answer the phone. The # they called was a old one not in use I know they had my new one but they did not call it. When I called I did leave a good # on the recording.

[Guest 2HOW]

Tennessee is a right to work state they can fire you for any reason. Only recourse is discrimination.

[Guest eyebedam]

First off & this is the main question.. Did you break it a work?

[Raoul]

Tennessee is a right to work state they can fire you for any reason. Only recourse is discrimination.

Yep. Little or no recourse for any other reason.

[cadillacdude1975]

Tennessee is an employment at will state, meaning you or your employer may terminate said employment for any reason at any time. only contracted workers with signed contracts are exempt from this law.

if you dye your hair purple and pink and go to work, they can fire you for breaking the dress code. you can be fired for anything at anytime in Tennessee. period.

[Guest Glknknox]

One thing to look at is that this sort of thing is going to be on your work record on down the line.

Your not going to get rich off something like that and it will come back to haunt you one of these days

Had a chance to do that once years ago and didn't do it because of what I saw with a coworker that went through it.

He still had a job, but he couldn't get one anywhere else because he settled for what he makes in a year.

It will affect your employment in the future.

[Guest coldblackwind]

If you were on FMLA it would be illegal, its a federal law. As you were on light duty, and not fmla....employment at will I believe is where you stand. But by all means, talk to an attorney, they may well tell you different.

[MikeW]

I broke my foot and the Dr. put me on light duty not on my feet for more than 5 min. I went to work and was told to go home they do not have light duty. I was told to call human resource that afternoon so I called about 2 left a voice mail and then called back 2 days latter. Each time I called I left my #. About at the end of the time the Dr. had me on light duty I got a letter from work saying I had quit because I did not show up for work. They said they tried to call but no one would answer the phone. The # they called was a old one not in use I know they had my new one but they did not call it. When I called I did leave a good # on the recording.

Did you call from your cell phone where you could prove by you call record that you did try to contact them?

First off & this is the main question.. Did you break it a work?

Excellent question....

If you were on Work Comp and they did not have light duty avaliable then you had no choice but to stay home until the doctor released you from light duty. Sure, TN is a "right to work" State However, if you were on WC and they fired you because you were out with doctors orders on a WC claim then they may be in for a mess. Contact the Department of Labor if you were on WC.

[Smith]

Your up a creek. They probably have records showing they tried calling and has been stated they can just say they were letting you go. You trying to prove they have records of your end is going to be difficult at best. No explanation is necessary. Save yourself the stress and aggravation and move on. Even if you were to force them to let you back on, I can almost guarantee you you wouldn't like it there and your first little mistake would probably be your last.

[56FordGuy]

I know times are tough and it can be difficult to find work, but would you really want to work there, if you had to take them to court to get your job back?

Assuming that you did have a case, and you did win, and you did get your job back, do you really think that they would want to see you come to work? I imagine that even if you went through the process and were successful, (which is a huge 'if') they would find a reason to fire you before long.

[mcurrier]

Check out -

http://www.tngunowners.com/forums/new-member-introductions/24075-greetings-price-tidwell.html

[Guest Muttling]

I'm not an attorney, just a bankruptcy paralegal.

I can't give you advice, but if I were in your shoes I'd be setting up a consultation visit with an attorney. (The vast majority give 30 minute consults for no charge unless they take the case and then it's included n your retainer fee. They usually spend more time than that discussing it with you if there is merrit to the case.)

Tennessee is a work at will state, but a few things here sound odd to my uneducated ears and they may have opened the door for you to file a suit by giving reason for your dismissal. You really need to have someone who knows what they're talking about ask you some detailed questions then give you good advice.

If you have no case, it doesn't cost you anything to get an attorney to tell you so.

Edited July 15, 2009 by Muttling

[Fadex]

One big unanswered question that has already been posted. Were you on Workmans Comp? This could possibly be a determining factor. I know we can't fire you under that type of condition. Also, are you in some type of protected class?

Tennessee is a work at will state BUT certain classess receive additional protection. It's not always as simple as the law, judges have to rule according to the law....which doesn't always happen.

[DRM]

I'm not an attorney - but I am an employer who has hired and fired a few people over the years.

And in agreement with Muttling - I see enough red flags there that speaking to a lawyer to at least get a consult is probably a good idea.

[Guest tonybon]

I'm not an attorney!! been a union worker for 20+ years. tennessee is a right to work state but if you were on workers comp you do have a case if you were under a written care from a DR. you may still have a case. im not sure where your from but call the tennessee labor board in murfreesboro ask for Peilei ( she is from hawaii) she is the labor board attorney. they will be able to tell you as to what steps to take. as for unemployment if your denied you can apeal and for most cases you will win. if i can help send me a pm and good luck

[Guest Muttling]

tennessee is a right to work state

True but "right to work" has nothing to do with this situation. Right to work only means that an employer can't require employees to be members of a union.

Tennessee is also a "work at will" state which means that employees work as long as it is at their will and the will of the employer. Either can choose to end the employment at any time for no reason. As mentioned above, there are some exceptions to this.

[SHbicycle]

I was not on workman comp. I talked to a attorney and i think I will look for another job. Thanks for all the replies

[Warbird]

True but "right to work" has nothing to do with this situation. Right to work only means that an employer can't require employees to be members of a union.

Tennessee is also a "work at will" state which means that employees work as long as it is at their will and the will of the employer. Either can choose to end the employment at any time for no reason. As mentioned above, there are some exceptions to this.

Thank you for clarifying that. I was going to state just that. Right to Work is not the same as employment at will.

[Guest 3pugguy]

I'm not an attorney - but I am an employer who has hired and fired a few people over the years.

And in agreement with Muttling - I see enough red flags there that speaking to a lawyer to at least get a consult is probably a good idea.

+1 not an attorney, but have an HR background and agree 100%, this hinges on a few things, including were you on Workers Comp and were you hurt at work?

And if hurt at work, was there an investigation and were you found not at fault (i.e if you were chasing yoru buddy around and fell over a desk, you will have a tougher time).

Get a free consult but don't spend any money on it and if a reputable lawyer says forget it, forget it - since they have a financial interest in purusing such things, trust the lawyer and not us (we could could be evil agents of your former employer for all you know).

Regarding purusing your rights following you around - won't or cannot happen legally nor can the employer legally impact your job if you sued, got rehired, etc. Don't be afraid to stand up for your rights; you aren't the property of some employer.

"At will" employment doesn't give the latitude it once did to employers; if it did, lawyers practicing employment law would go broke. There has been a slow erosion over time wide open fire anytime for anything it once did.

And something as simple as an employee handbook, meant to AVOID issues, can imply a "contract". Ever see a place that used "probationary periods"? Big time red flag, no no as a practice, as what happens when the person successfully finishes the prob period? Employment forever?

Sorry, going on and on...

As one ad says, Get a lawyer and get it done...

Do let us know how it comes out