US Legal Forms
Legal Resources
Questions & Answers
Employment
Can I sue for wrongful termination after 12 years of employment?

Can I sue for wrongful termination after 12 years of employment?

Full question:

I HAVE BEEN ENPLOYED WITH THIS COMPANY FOR OVER 12 YEARS.WAS WRONGFULLT TERMINATED.CAN I SUE?I HAVE NO PRIOR WRITE UPS ETC.

Category: Employment
Date: 04/07/2025
State: Georgia

Answer:

In general, employment contracts do not specify an expiration date, allowing either party to terminate the contract at any time. If your contract does not have a definite duration, it is considered 'at will,' meaning your employer can terminate it for any reason or no reason at all.

However, some states have modified the employment at will doctrine. Courts may limit an employer's ability to terminate an employee without cause. For example, if your termination violates public policy—like retaliating against you for reporting illegal activities—you may have grounds for a lawsuit.

Additionally, if your employer made statements about job security or if there are written policies in your employee handbook that suggest you can only be terminated for just cause, you might have a case. Employee handbooks can sometimes be seen as part of your employment contract.

To explore your options, consider consulting with an employment attorney who can provide advice based on your specific situation.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How do I fight back against wrongful termination?

To fight back against wrongful termination, start by gathering evidence, such as emails, performance reviews, and witness statements that support your claim. Document any incidents leading to your termination, especially if they relate to discrimination or retaliation. Consider filing a complaint with the Equal Employment Opportunity Commission (EEOC) or your state's labor department. Consulting with an employment attorney can help you understand your rights and the best course of action based on your specific situation.

What does wrongful termination look like?

Wrongful termination occurs when an employee is fired for illegal reasons, such as discrimination based on race, gender, or age, or in retaliation for whistleblowing or exercising legal rights. It may also involve violations of company policy or an employment contract that guarantees job security. If your termination seems unjust and violates these principles, it may qualify as wrongful termination.

What is an example of unfair termination?

An example of unfair termination is firing an employee for taking medical leave protected under the Family and Medical Leave Act (FMLA). Another example is terminating someone for reporting unsafe working conditions. If the termination appears to be based on retaliation or discrimination rather than performance, it may be considered unfair.

Is it worth it to sue for wrongful termination?

Whether it is worth suing for wrongful termination depends on the specifics of your case, including the strength of your evidence and potential damages. Legal fees and the emotional toll of litigation should also be considered. Consulting with an employment attorney can help you evaluate the merits of your case and the likelihood of a successful outcome.

What is an example of unfair termination of employment?

An example of unfair termination is firing an employee shortly after they report harassment or discrimination. This could indicate retaliation, which is illegal. Another example is terminating an employee for taking legally protected leave, such as maternity leave or sick leave, which violates their rights under employment laws.

What is needed to prove wrongful termination?

To prove wrongful termination, you generally need to show that your firing violated a specific law or policy. This may include evidence of discrimination, retaliation, or breach of contract. Documentation such as performance reviews, emails, and witness statements can support your claim. Consulting with an attorney can help clarify what evidence is necessary based on your situation.