Do you believe you may have a wrongful termination case against a former employer?
Sadly, wrongful termination is hard to define in a legal sense, because oftentimes, corporations and employers have more rights than employees. This is due to employment laws that do not clearly define when an employee is unfairly fired or forced to quit. In addition, in some states that have “at will” employment, an employer may terminate you whenever they want, usually without consequence.
However, this does not mean that you cannot fight back if you have been unjustly terminated from a job. In many states, an employer must show “good cause” when terminating you or it can be held accountable. “Good cause” is often up to the interpretation of a court or arbitrator, so seeking experienced legal counsel is paramount if you want to win your case.
A wrongful termination case that caught national headlines recently involved a woman who was fired from Walgreen Co. after she allegedly ate a bag of chips without paying to fight a low blood sugar attack. The woman suffers from diabetes, and was a five-year employee of a South San Francisco store at the time of her dismissal.
According to businessinsurance.com, in September 2008, the employee suffered a hypoglycemic attack while stocking items and grabbed a $1.39 bag of potato chips to stabilize her condition. In her lawsuit, the woman claimed that when she went to pay for the chips, she found nobody working at the checkout counter, so she put the bag away and returned to restocking items.
The following month, the woman was terminated for violating Walgreens “anti-grazing” policies. The U.S. Equal Employment Opportunity Commission filed a disability discrimination lawsuit on behalf of the woman in September 2011, charging Walgreens with violating the Americans with Disabilities Act.
Walgreens filed a motion to dismiss the case, which was denied in an April 2014 hearing in the U.S. District Court in San Francisco.
Shortly after the dismissal, the chain settled the lawsuit by agreeing to pay the woman $180,000. Additionally, it said that it would revise its policy regarding accommodation of disabled employees on its employee intranet site and provide anti-discrimination training, according to businessinsurance.com.
Can I Sue My Former Employer for Wrongful Termination?
As this case shows, it is important to fight back if you are wrongfully terminated from a position. You should hold your former employer accountable so that others do not have to experience the pain and suffering that you went through following your dismissal.
If you are having issues at work or have been unjustly terminated from a position, schedule a consultation with our Los Angeles discrimination attorneys today to discuss your case, or share your story with us on our Facebook page.
Kesluk, Silverstein & Jacob– Los Angeles employment attorneys