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  1. #1
    Join Date
    Aug 2013
    Posts
    284

    Default Re: Discharged Letter

    Generally speaking, an employer does not need an actually reason to terminate someone. This is called Employment At Will. HOWEVER if your lawyer can prove the termination occurred because of you filing a WC claim, then you have possible recourse for a wrongful termination. Keep talking to your attorney. There is nothing simple about wrongful terminations. There is nothing DIY about a wrongful termination claim.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Discharged Letter

    Like many other forms of retaliatory dismissal, it’s difficult to prove. One must look at the overall picture to see if there was a valid basis to terminate you. If there was none or it is shaky, it starts to look like a retaliatory firing. Proving it can be difficult because employment at Will is the standard in almost every state, including yours. That means an employer doesn’t need a reason to terminate you. They can simply because they choose to unless it is for an unlawful reason.

    So, it isn’t typically a matter of proving you were terminated for an unlawful reason. It must be shown there was no other reason to terminate you so the only reason left standing is the unlawful reason.

    This is why a skilled attorney is needed in this type is situstion. They will know the signs to look for and what to chase. It is definitely not a diy matter. An attorney that asks you to provide proof is not who you want. You want an attorney that will ask you questions and based upon your answer can make a reasonable guess as to whether it appears it was an unlawful termination. If they don’t have the skills to do that, find a different attorney. You shouldn’t be trying to prove to the attorney it was an unlawful termination. They are the ones that must prove it to a court and being an attorney, that’s what you hire them for.

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