How difficult is it to show wrongful termination.?
404267
There are a few things I've learned in being terminated from a position I liked.  First, no matter how many of your old Boy Scout leaders, pastors, teachers and old girlfriends you line up for references, the former employer will always be believed over you.  If you were fired because you refused to give your boss certain "favors" not covered in the company handbook, and he says you were fired for coming to work drunk, you'll never get anywhere.\n\nStep One:  Screw job-hunting.  I've been doing it for nineteen months.  No success, due in large part to the fact that I'm getting torpedoed every time by that former boss.  A job you get fired from is tantamount in an interview to experience you don't have.  You may as well say you played with yourself for three years, rather than tell them that you were the best guy on the assembly line, showed up on time every day and busted your hump to make things good for yourself.\n\nStep Two:  Go into business for yourself.  Corporations are in the pocket of politicians, and you haven't the time or the energine to take on either in a fair fight.  Fight dirty or turn pro, but one has a longer line of credit in the breathing privileges department.\n\nStep Three:  Profit.  Show the world your potential by not compromising on ANYTHING in the pursuit of clearing your good name from whatever former employers have said.  Show your friends, family, and potential employers (when you return to the workforce-at-large) that you grew as a "lone wolf" rather than let your ass get kicked into your nostrils by a corporate machine that used you like a whore and discarded you like a candy bar wrapper.\n\nFollow these steps and you, my friend, will have the ultimate revenge:  fair-market competition.
350172
Start by being as honest as you can. Write down your experiences to make sure you have an accurate picture of what happened and to communicate the story as clearly and accurately as possible. Collect any necessary documentation, including any paperwork you have from your EAP counseling, any bad reviews or written warnings you recieved, or email documents regarding those things that you may have saved. Your employer is legally bound to give you copies of all things they have on file. Request this be sent to you via certified mail, and have those nearby when you have the initial conversation with EDD. If they do not send those to you, tell the person you speak with the date you requested copies of your file and tell tha person you have not recieved copies of the documentation. You might want to see if you can get a letter from your EAP counselor documenting your visit(s) to that person, particularly if it was because you were suffering from workplace stress. The burden of proof is on your former employer to show that you were terminated with just cause. If they did not create any paper trail (bad reviews, written warnings about your performance or absenteeism) they will have a hard time to show that you were fired with just cause. I would not mention during the phone call that you have a pending lawsuit. There may have been harassment and/or a hostile environment, but that doesn't necessarily have any bearing on your being fired, and it might make you look like you are, indeed, out to get someone, or at the very least, make some money.
189405
The person should contact an attorney or legal aid.  I don't quite understand the question, but if a person was terminated from a job for a reason they feel isn't fair, then they do have rights.
583046
Were you specifically told that your condition was the reason for your termination? You need to speak to an attorney who specializes in labor law.\n\nDepends on what the condition is as well.
580241
I just took an employment law class so I have a pretty good idea that he would not win in the court of law.  As long as he was not fired unjustly, he has no basis to retaliate.  however, you will have to be able to prove that it was him (witnesses) and that the action was indeed in retaliation of the termination.  good luck, what a crappy situation :(  it's going ot cost you both more than what it is worth - if you fired him according to the law, you have nothing to worry about
551809
Well, that's a tough one since anything other than the truth may come back to haunt you, and isn't exactly ethical.\nYou might stretch a little and say that they were cutting back their workforce and you got caught in the reduction process.\nBut if you did get terminated for poor performance, you'd better make sure that you improve whatever it was that got you in hot water to begin with.\nGood luck!
1105004
Just have copies of your performance reviews handy to show to prospective employers.\n\nTruth is, most employers (including government entities) will only confirm dates of employment and nothing else to avoid litigation.\n\nProvide references whom you know will give you a favorable reference.\n\nYou might have legal recourse if you can PROVE that the DNR on your city record has hindered you and that it was malicious but that can be exceedingly difficult.\n\nGood luck with your appeal to the Mayor!
1036718
The facts are clear as you expressed them.  You have done an excellent job.  With this documentation, approach management with your question and document carefully whatever response you get, who said it, time and date.  Then ask to meet with his/her boss and do the same.  This way, you have done your very best to resolve the situation.  After these steps, contact the state office that handles such grievances and wrongs.
576228
If you are layed off - absolutely if you have earned enough wages in the look back period (4 previous quarters, doesn't have to be with current employer)\n\nIf you are fired, you will be denied and then have a period to protest the denial.  This puts both you and employer in situation of making and defending your case.  If the employer can prove misconduct or cause you will lose the appeal.  If you can prove that dismissal was without merit you can win the appeal and set the ground work for a claim with the DOL or private attorney.
745329
Sigh!, I wish  she had talked to a lawyer prior to going to the Human Resources department.\n\nShe can file a complaint with the Labor Commission in her State and also she should file for unemployment too.\n\nShe can further call the office of the Attorney General in her state and see what options are available to her.\n\nSexual harassment in the workplace is not supposed to be tolerated.\n\nIf she has documented proof that the Human Resources department made him apologize to her; she can probably sue them and him.  A lawyer can subpoena the records of the HR department and take them to court.\n\nThe problem with this is that her efficiency at the office will be challenged and she is going to have to prove she was a good worker who followed all the office rules and was not late or did not have too many absences from work.
70755
I think most states are "at will". Which means the employer doesn't need a reason to fire anyone. They just say, "it's not working out, I have to let you go."  It's very difficult for an attorney to fight for you. Unless you can prove with hard, hard evidence that you abused in some way. File for unemployment and see what happens because if you were fired, they have to pay you or fight it. If they fight it you'll find out why they really fired you. Most employees pay it, unless you were at fault.  Everything happens for a reason. You'll find something better that will make you question why you ever stayed there 8 years! Much Luck to you!
855401
I was an HR Director for about 10 years, although in California and Texas, not Washington. Anyhow, it's been a while, but here goes... Technically you were insubordinate and it is likely that the unemployment officer who officiates over the phone hearing will not believe that you meant anything else by saying d*ck in an e-mail (about someone who I presume is your boss). That said, I am wondering if they actually have your signature on anything that says that you are aware that "they" (your employer) have the right to read and monitor electronic mailings sent by you. Unless they (or you since you were the office manager) are very organized they may have trouble coming up with this paperwork. They need this in order to read your electronic communications and I would bring this up to the officer unless you know for sure that they have it and can easily access it. Also, I am wondering if there is any defense you might have with regards to why you said it or the context in which it was said. Additionally, has there ever been a time that you are aware of when "they" may have set a different precedent by not firing/terming someone based on this sort of insubordination? In other words, where someone else called  a manager a name of sorts, but were either not disciplined or disciplined without termination. I also have to wonder why your employer was able to read this e-mail (did someone show it to him or did you leave your computer on) and why he bothered to log on to your computer if that's what he did? Typically, I wouldn't do this unless I had it in for the person and usually that would mean a series of write ups (I'm a GM/PM now so I still have a number of reports and remember my HR days well). Unfortunately, most companies have a policy saying that they can terminate with no notice based on certain acts, one of which is insubordination. Still, I agree with you that he sounds like a jerk if this is all he had. He would have done better to call you in and find out why you felt like that, thereby trying to find a fix for the situation and gaining your loyalty if he succeeded. Good luck!
556083
It would depend on why you were fired. In any written communication only state the facts, no opinion, and NO sarcasm.  You could state the events that led to your demise in an orderly time-line fashion, and from your perspective pointing out how you were acting in the best interest of the company, or not violating company policy.  Lastly appologize.\n\nIf you were violating company policy or breaking the law, and you didn't have previous personnel issues then there is hope, but only slightly.  I'm sorry I can't say more, but there are no other details upon which to comment.  Good Luck.
24631
It is recommended that you contact your fellow employees and have all notify your state Attorney General's Office.  They will investigate and track this employer and any owners affiliated with them (eventually).  A repayment is possible but may take a very long time.  But... will you let them get away with it?
819393
If you've worked there for a substantial lenght of time, yes.  It shows your work experience.  You do NOT put the fact that you were terminated on your resume!  Save that for the interview process.  \nI have been canned several times, never for cause, always politics or miserable working conditions.  If you done something wrong, in the interview you should says something like, I made a mistake, I've learned my lesson, I want to move on and prove myself.   It's important to take stock of of yourself if you've done something wrong and learn from your mistake.  Turn over a new leaf, if you will.  \nPersonally, I avoid the question my saying something like, it was not a very professional organization or they have new management, they've made a lot of changes.  Then point my strengths and qualifications.  I'm not saying outright I was fired, but I'm not saying I wasn't.  A white lie, perhaps.  \nThere are a ton of books and websites with advise.  \nI always take the attitude that I am a quality employee and any employer would be lucky to have me.  \nGood luck.\n\nBTW, it NOT illegal for an employer to tell anyone you've been fired, not in CA anyway.  Many employer won't to avoid getting sued, instead they something like "she is NOT eligible for rehire."  In CA, employers are actually required by law to tell potential employers if you've done something that could be detrimental, like steal or try to kill someone.  \n\nLike another poster said, most everyone's been fired at least once.  Helen Gurley Brown was fired from 13 jobs in a row!
988060
You have almost no chance of winning on appeal -- the appeals court does not review the finding of fact of the trial court.  \n\nYou will be better off just moving on -- get another job instead of fighting to get back a job where management hates you, and wasting time and money trying to recover.  Just accept that as far as you are concerned the court got it wrong, and move on.\n\n(PS -- US law gives most employers rights to fire or demote people at will, and so the "lies" probably didn't matter.)
247716
If you do, and don't have a union or all employees to back you up, be prepared to be fired.  You won't win any lawsuits either since it's called insubordination and non-performance of duties and a rightful reason for termination of employment.  If you don't like your job situation, the best thing would be to try to find another one you like better.  Depending on the job, there are usually a lot of people standing in line to take it if you don't want it.