Wrongful Termination Law Explained

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  • เผยแพร่เมื่อ 16 ก.ย. 2024

ความคิดเห็น • 300

  • @braniganrobertsonlaw
    @braniganrobertsonlaw  2 ปีที่แล้ว +13

    ⚠ Tell us about your termination! Did they offer you severance? Did you think that any laws were broken? Did you call a lawyer? The community here would love to hear about it! ⚠

    • @piptheprofit1004
      @piptheprofit1004 2 ปีที่แล้ว

      I was terminated for the equivalent of a screw on the floor in our warehouse. I was the supervisor at the time, and responsible for an area that had about 10 associates at least working in the area at all time. Manufacturing duties. My direct manager was to take pictures of this area and send them to the higher up. For what purpose I don’t know. However he wasn’t doing it at the time telling me that it’s because he didn’t feel like it was cleaned to standard. So I really got on it. Relaying the importance to my associates and cleaning myself. Weeks later the project manager(not my direct manager) calls me into the office and tells me my area isn’t being kept clean. I was confused because I’d really been on it. I asked could he show me what he meant, and he showed me one picture with a single rivet on the floor. About an inch and a half, half screw half head little thing we shoot thousands of per day. That’s it that’s all he had. He had the desire to terminate me months before but I was pretty good at my job and with the people there. All because of an issue we had encountered long before where we clashed on a business decision. His ego never let it go and I was let go. 85k and they payed for my housing because it was %100 travel job. I contacted one attorney and they declined my case. Wondering should I just let it go..

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  2 ปีที่แล้ว +3

      @@piptheprofit1004 I'm sorry to hear that. It definitely seems unfair. I always recommend folks get opinions from at least 2-3 employment lawyers in their state before they give up.

    • @MRWEDAWEST
      @MRWEDAWEST 2 ปีที่แล้ว

      @@braniganrobertsonlaw I once got fired from a security job for drinking a soda on duty.

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  2 ปีที่แล้ว

      @@MRWEDAWEST That just sounds crazy.

    • @MRWEDAWEST
      @MRWEDAWEST 2 ปีที่แล้ว

      @@braniganrobertsonlaw IKR. And the supervisor was SO disgusted with me. "You think we're paying you to drink sodas?"

  • @josephwoods975
    @josephwoods975 3 ปีที่แล้ว +53

    Great viedo. I told my company a coworker was making racist coments. I started recording them and now they are saying i didn't say anything about discrimination. My recording prove my case. My lawyer made me make transcripts. Thanks

    • @lolly4414
      @lolly4414 2 ปีที่แล้ว +2

      Same here, I was being bullied for months at my job, they didn't do anything about it, they said it was because I didn't report it on their portal

    • @stuffweallknow7535
      @stuffweallknow7535 2 ปีที่แล้ว +5

      You guys would never last in a union shop smh 😂

    • @thehotroc1
      @thehotroc1 ปีที่แล้ว +3

      @@stuffweallknow7535 union shop also protects their job, so workplace banter doesn’t matter because you know your job is safe

    • @andrewespitallier8859
      @andrewespitallier8859 ปีที่แล้ว

      @@stuffweallknow7535 what does the union do?

    • @antilaw9911
      @antilaw9911 ปีที่แล้ว +1

      ​@@thehotroc1not true. I worked in big union shop... machinist union. I still don't have my job back after 1 month. A grievance was filed. Still pending

  • @rnupnorthbrrrsm6123
    @rnupnorthbrrrsm6123 3 ปีที่แล้ว +32

    You are incredibly helpful !
    It is so hard to navigate through a process you know nothing about and don’t understand, trying to find help and guidance is simply miserable 😩
    So thank you for your compassion and time to help the public when we are totally lost !

    • @sloppyjonuts9162
      @sloppyjonuts9162 3 ปีที่แล้ว

      Boss fired me because I didn’t come I. For overtime on a Saturday. Never told me to come I. For over time. It was voluntary!!! Shop supervisor didn’t even investigate or hr. Shop supervisor was “out” during the firing process ... supervisor had it out for me anyway

    • @IlLAD3LPH1A215
      @IlLAD3LPH1A215 3 ปีที่แล้ว

      @@sloppyjonuts9162 yeah bottom line is if they don’t like you you’re already on borrowed time..I just got fired today over some trivial BS

    • @hiddengem4293
      @hiddengem4293 2 ปีที่แล้ว

      @@sloppyjonuts9162 Please watch Cassandra Mack.

  • @phoibekatemendoza5363
    @phoibekatemendoza5363 2 ปีที่แล้ว +8

    I was working as a temporary. I called HR for my supervisor for not allowing me to go home while I wasn't feelin good and made me felt bad for leaving my team. And then after a month I called off work because my baby wasn't feeling good and I was infected too prior to that. I used my CA sick time for my absences. After 2 days. I was laid off. No warning, no verbal. I was devastated coz I am raising 2 kids and now I don't have anything.

    • @phoibekatemendoza5363
      @phoibekatemendoza5363 2 ปีที่แล้ว

      I leave in bay area CA. Pls enlighten me. Thank you!!!

    • @phoibekatemendoza5363
      @phoibekatemendoza5363 2 ปีที่แล้ว +1

      My employer called me and says that effective/immediately laid off. The reason was my supervisor told them I accrued 6points. And they put points on those CA sick time I used. I never get any warnings nor verbal. I never accrued those points. I felt retaliated because the night before my employer called me. I was talking to my supervisor and letting him know that I am going to use my baby bonding in April. Which the supervisor said okay that's my rights but the next day. He laid me off. Pls help!

    • @marymeloy1804
      @marymeloy1804 2 หลายเดือนก่อน

      ​@@phoibekatemendoza5363Your call logs prove communication occurred and juries are not composed of employers so that circumstantial would give adequate implications for a retaliatory firing of an announcement of anticipation of needing legally protected leave.

  • @cherryswonder3406
    @cherryswonder3406 ปีที่แล้ว +19

    I needed to watch this because I was wrongfully terminated due to the fact that I was in a process of submitting a survey of my pervious supervisor on how he mistreated me and others during business hours. He found out the next day and decided to terminate me. I didn’t file lawsuit at the time because I was afraid I might lose the case without any proof or anyone on my side. Then three months later come to find out that he fired more people who was going to report him for sexual harassment, which it’s upsetting and very wrong. Now there are at least 4 or 5 of them filing a lawsuit against him and his higher management (who failed to protect her employees). Hopefully this problem would work out after they file lawsuit against them.

    • @dracoreeper
      @dracoreeper ปีที่แล้ว +1

      bruh... I legit did the same thing as you the only difference was that my senior manager asked me on my direct managers opinion of him. I just said hes good but a bit delayed with responses cause of recent projects. They made up some shit bout me talking trash about him in slack and i get fired the next day.

    • @gabaghoul23
      @gabaghoul23 ปีที่แล้ว +1

      this is a retaliation lawsuit

  • @Kentster67
    @Kentster67 3 ปีที่แล้ว +6

    I am currently embarking on a wrongful termination case. I am in Wisconsin, so I understand you are not able to represent me, but I wanted to thank you for giving me information that I can use in general. I consider myself a well-educated individual but when it comes to my rights regarding employment and your info/videos are immensely helpful in arming me with some basic information that will allow me to be prepared and a good client for the lawyer I eventually work with. I understand, your info is not a contract or info that I can use in court. However, it makes me more knowledgeable about what I might experience and if nothing else, good questions for my eventual representation professionals.

    • @hiddengem4293
      @hiddengem4293 2 ปีที่แล้ว

      Any updates on your case?

    • @greenday0courtney
      @greenday0courtney ปีที่แล้ว

      I’m in Wisconsin too. I hope your case is going well for you.

  • @michaeldavis920
    @michaeldavis920 ปีที่แล้ว +5

    I worked at a gas station and recently got fired. There was a homeless individual who had made physical and death threats to myself and other coworkers. Eventually, i had to call the cops and put a 2 year bar on the individual. My manager and police were notified, however for months after the fact, my manager continued to allow the barred individual onto the property. When i arrived to work, the individual was in front of the door. After i had already clocked in, the individual came inside, thanked the manager for letting him use the stores tools, turned to me and said: "if you have something to say to me, meet me in the woods". I said nothing and he left. My manager was next to me when he threatened me and she did nothing. A few minutes lator, i went to take some trash to the dumpster, when the individual began yelling and making death threats. He got within inches of my face (spitting in my face) soo i removed him from my face by putting my hands on his shoulder to crate distance. From there, he hit my in the neak. I was fired 2 days later for "assault" when i was merely trying to defend my safety. I dont know if i have a case or not, but i feel like they were in the wrong for allowing him to continously enter the premises and make threats.

    • @TheRealShaanSolo
      @TheRealShaanSolo 5 หลายเดือนก่อน

      That's some str8 bs I'm sorry to hear

    • @marymeloy1804
      @marymeloy1804 2 หลายเดือนก่อน +1

      Employer has an obligation to provide a safe work environment and willfully denied you and your fellow employees that right creating a hazardous workplace defacto.

    • @jasonpigott972
      @jasonpigott972 2 หลายเดือนก่อน

      Sounds like an awful job anyways tbh hope you find a better job

  • @crf450rbulletdavid9
    @crf450rbulletdavid9 2 ปีที่แล้ว +17

    In an at will state you can be fired for literally anything. All the company has to do is make something up. Your fired

    • @forced2bewagie351
      @forced2bewagie351 2 ปีที่แล้ว +1

      This just happened please help with advice

    • @crf450rbulletdavid9
      @crf450rbulletdavid9 2 ปีที่แล้ว +4

      @@forced2bewagie351 that really sucks. It feels like crap but theres not much you can do. Start looking for a job that hopefully treats you better you know. Even if its less pay, a toxic job isnt worth it.

    • @IAMHIM4040
      @IAMHIM4040 2 ปีที่แล้ว +8

      Not true even in an at will state illegal termination still exists and CAN be pursued

    • @kkingerikka735
      @kkingerikka735 9 หลายเดือนก่อน

      Any proven "disability" covered under the Ada Law is illegal for them to 1)not accommodate you (unless it cause a hardship)
      2 Wrongful Termination if you file with the EEOC or DHR

  • @brianmorrison6360
    @brianmorrison6360 3 ปีที่แล้ว +39

    My employer always called me big gay Brian, i felt so ashamed of myself every time he said that. When i said something about it i was fired a week later for tardiness.

    • @ElmoTrades
      @ElmoTrades 3 ปีที่แล้ว +1

      Hahaa

    • @MelisJoy
      @MelisJoy 3 ปีที่แล้ว +4

      I hope you went to a lawyer

    • @lolly4414
      @lolly4414 2 ปีที่แล้ว +1

      Get a lawyer

    • @brianmorrison6360
      @brianmorrison6360 2 ปีที่แล้ว +1

      I can not afford a lawyer

    • @yamnayaseed356
      @yamnayaseed356 2 ปีที่แล้ว +1

      Do you work at Dunder Mifflin?

  • @andrew8531
    @andrew8531 3 ปีที่แล้ว +10

    I'm on the other side of the fence being the employer but these videos have been extreme helpful to me. Really appreciate all you have put on TH-cam.

  • @michaelsmith5463
    @michaelsmith5463 10 หลายเดือนก่อน +2

    QUESTION: Can you be terminated for your family using too much health insurance and causing an increase in the company's premiums? (Employee works great, and doesn't miss work anymore than anyone else)

    • @rochelle-xz8gl
      @rochelle-xz8gl 9 หลายเดือนก่อน +1

      nope

    • @SageTherapies
      @SageTherapies หลายเดือนก่อน

      Most states are at-will. Save more, these jobs are ruthless

  • @ariesmp
    @ariesmp 4 หลายเดือนก่อน

    I don't live anywhere near the US, I'm self employed and we have different laws here but I still keep coming back these videos because they're made very well and are very informative.

  • @SexiPlaygirl1983
    @SexiPlaygirl1983 3 ปีที่แล้ว +4

    The final written was less than 30 days after my 1st complaint and maybe about 1 week after my 2nd.

  • @Suckerx911
    @Suckerx911 4 ปีที่แล้ว +11

    This is so helpful, So appreciated!

  • @danaskeens9056
    @danaskeens9056 2 ปีที่แล้ว +8

    I'm a union teamster with a impeccable reputation on the job site and strong work ethic. Got injured on the job, i filled out a accident report , to protect myself beings I'm 59 years old , and the day after i applied for workers comp i was terminated.

    • @Zrytun
      @Zrytun ปีที่แล้ว +3

      That sounds highly illegal and I can't believe teamsters would do such a thing

    • @spotg1rl
      @spotg1rl ปีที่แล้ว

      Unions are the most corrupt mafias. They will make back door deals if they don’t like you to get you fired. It is disgusting what they get away with.

    • @antilaw9911
      @antilaw9911 ปีที่แล้ว

      Did union file grievance?

    • @danaskeens9056
      @danaskeens9056 ปีที่แล้ว

      @@antilaw9911 union rep said we could file a grievance and get your job back, that’s all no compensation , who wants to work for a company that doesn’t want you there. I filed a workers compensation retaliation suit against them. Attorney said we’ll teach them a lesson. Found out soon after a few calls and a letter or two, my attorney is lazy. Company made offer to settle, which I said no, I had that much in my checking account. They increased it though I felt my attorney was working for them, lazy, I agreed. But before I did I told him the real reason I was fired, my boss was stealing from the company, he broke down and told me all about it and couldn’t stop. He and all management team got fired and investigated and found they stole around 3 million dollars. They want rid of me because I didn’t like it and was afraid that I would expose them. My attorney wasn’t interested in what I was telling him. There’s a bigger payday there, I believe, but attorney not interested in pursuing.

  • @sburton015
    @sburton015 3 ปีที่แล้ว +5

    I remember when I worked at Publix from 2004 to 2010 and I remember that I had a medical condition of major depression and at the time, it was causing me to abuse alcohol and then one week, I was hospitalized for severe depression, then when I got out of the hospital, that's when I was fired. I then wasn't able to draw unemployment, nor disability, nor was I immediately able to start a new job, so in order to survive back in 2011 and 2012, I was literally forced to break the law and camp out in the woods or in an abandoned building for which I was then arrested for trespassing. Even though I was adjudicated guilty, I still don't consider myself to be guilty because I had to survive and sleep somewhere and I couldn't afford to pay rent anywhere, not even with my family members. Yeah, the United States has terrible help for those who are unemployed and unable to afford a place to stay.

    • @IlLAD3LPH1A215
      @IlLAD3LPH1A215 3 ปีที่แล้ว +2

      I hope you doing okay bro I just got fired today

    • @sburton015
      @sburton015 3 ปีที่แล้ว

      @@IlLAD3LPH1A215 I'm sorry to hear that, I hope things get better for you. Me, I've been surviving although I haven't been able to work a fulltime job since 2010, but I seem to manage by keeping my life standards low.

  • @aracelidreitzler7220
    @aracelidreitzler7220 5 ปีที่แล้ว +7

    This video is just right on time. We are just studying wrongful terminations this week. Can you also make a video about what’s the CA law about marijuana in the work environment. Thank you!!

  • @MrStridethrough
    @MrStridethrough 5 ปีที่แล้ว +7

    Great video again! Very appreciative!

  • @lovebythemoon57
    @lovebythemoon57 2 ปีที่แล้ว +2

    I worked for a staffing agency as a healthcare employee when covid was at it's worst. I was an agency employee working in an all Covid unit hospital. During my first week starting there many of my protected rights were violated as well as many of the hospitals policies were violated when a Charge Nurse (main hospital employee/Non agency employee) had screamed at me, harassed me, followed me, threatened to physically dragged me down the hallway, (unsafe work environment/workplace violence/harassment/intimidation.) I was also not given report about the pt I was supposed to do a 1 to 1 on who didn't even speak English. (Unsafe work environment/patient safety risk). When I made a formal complaint I was immediately taken off the schedule ( unjustified adverse action against me). When I called my staffing agencies recruiter after a week of not being able to work I was put back on the schedule but then I would get a phone call from the staffing department at the hospital every single day to inform me that I was "cut" because of over staffing. Which was a lie (adverse action against me). I would call the hospitals staffing department every day to see if there were any shifts that were available to pick up and I would be lied to and told no. I knew there were plenty of shifts available because I asked one of the main hospital employees who I worked with if I could take a picture of the monthly schedule of all the open shifts that were available that only main hospital employees had access to. I would email my recruiter ever day and relay to them what I was told, because I would get a different story every day. I would send emails of all the screen shots of the open availability calendar to the staffing department with screen shots of the time I called, the name of the person I talked to who had told me there were no shifts available, and then I would call the floor I was supposed to be working on that night and ask who was working. Eventually I was able to connect all the dots and once I proved that I was in fact being intentionally being lied to in order to prevent me from working my scheduled contracted hours, I started getting phone calls directly from the staffing manager to be the first to pick up whatever days I wanted before they published the Schedule for everyone else to see. When I was finally able to work I was scheduled to work with the exact same charge nurse I originally complained about! Which I felt extremely uncomfortable. This nurse would follow me into rooms and "pretend" to be looking for something, repeatedly leaving and coming back open and close cabinets and drawers, but never can "find what they're looking for." I would be given extra work assignments, extra pts, duties and tasks, where I would be so overloaded with work I wouldn't be able to take a break. (Illegal) I would be given multiple critically ill pts who had coded on me at the same time. This Hospital ended my contract early (wrongful Termination), blaming me for breaching the contract because I didn't fulfil the contracted hours agreed upon, which is obviously impossible because it was their decision to cut my Hours and intentionally prevented me from being able to work.

    • @lovebythemoon57
      @lovebythemoon57 2 ปีที่แล้ว

      Ive watched all your videos about this, which were helpful. I've researched extensively but do not financially have the means to take action, as well as the statute of limitations is not long and I've passed it I believe. I live in MN so unfortunately you're not able to help me. It's difficult because most people don't know what steps they need to take to actually do something about their situation untill it's too late. Or many things don't necessarily qualify as something that would be considered a violation of a protected right or illegal, pervasive or unreasonable perse. Although it's "unfair" and " not right" doesn't make it illegal. It's gives employers a lot of room to abuse their power and there's not much we can do about it.

  • @NicNameIsNicki
    @NicNameIsNicki 2 ปีที่แล้ว +5

    Very informative! I’ll be contacting an attorney shortly

    • @NicNameIsNicki
      @NicNameIsNicki ปีที่แล้ว

      @Victor Tronin I don’t need your advice.

  • @buttsagington5463
    @buttsagington5463 2 ปีที่แล้ว +2

    Someone has been calling an alert line to my job and saying I do things like sell drugs or smoke joints in the building on the job and I was put on suspension for two weeks then fired… I don’t even smoke weed or mess with drugs at all specifically so I don’t loose my job. Currently very aggravated

  • @Bfoxy4life
    @Bfoxy4life 2 ปีที่แล้ว +7

    I went to the eeoc in 2019 and they told me that I did not have a case unless I was being discriminated against for race, religion, age, disability. At the time I was severely discouraged. I now realize that one of these protected items does apply to me. is it possible to still go through with the lawsuit even though its past the 180 days?

  • @kill3rclown690
    @kill3rclown690 2 ปีที่แล้ว +2

    I worked at a hospital and one day I was going through mental stuff asked my supervisor if I can go home. They were smiling saying "well ur not throwing up or anything" than told me that I need to tell her what's wrong with me. Than tells me "if u miss one day I can fire u" she said it with a smirk on there face. I reported her to human resources and than one day got pulled in the office and was fired and marked as "poor performance" and they had no proof at all. No f****** proof. The HR employees were laughing under there breathe when they terminated me.

  • @brittanyg2529
    @brittanyg2529 6 หลายเดือนก่อน +2

    Fired the following day I told my manager that I needed/contacted FMLA to care for a family member who has cancer…

  • @bluesun2001
    @bluesun2001 4 ปีที่แล้ว +6

    I disagreed with the manager on the professional matter (In using the accounting method) and they fired me the same day and escorted. This never happened me. I don't know anyone in my circles who experienced the same situation. It's been three months now, I had three therapy sessions and still coping with the pain. Also, struggling to find another job. It's Florida. Should I see a lawyer?

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  4 ปีที่แล้ว +2

      I don't know the law in Florida. It won't hurt to call an employment lawyer to find out.

  • @ec5018
    @ec5018 2 ปีที่แล้ว

    Thank you for the info I am in the process on trying to sue my former employer because they involuntary terminated me as they described it.

  • @Alena87ish
    @Alena87ish ปีที่แล้ว

    Very well explained video. Thanks for sharing for for potential clients and for attorneys to save time explaining the process 👌🏼

  • @poeticjustice144
    @poeticjustice144 2 ปีที่แล้ว +10

    I believe I was fired for mental illness. I told my boss the day before I was fired what my mental illness instailed and how it worked the next day he fired me. Idk if that's enough evidence to file lawsuit, but I have other stories of how other assistant managers violated my reasonable accommodation requests and talked down to me.

    • @crf450rbulletdavid9
      @crf450rbulletdavid9 2 ปีที่แล้ว +7

      I'm on administrative leave right now for mental illness. I literally got told I was on drugs so I took a drug test and passed it. I'll pass another one if I have to as well. I did have prior ADA documents filled out. Well see what happens. I'm in an at will state so I'm probably screwed. My boss and one of my higher up coworkers recommended a dr visit for anxiety and got put on an antidepressant. I was also being bullied by that same higher up employee. This job is trying to ruin my life but God always has our back. I trust that things will work out.

    • @hiddengem4293
      @hiddengem4293 2 ปีที่แล้ว +2

      Please contact EEOC to see if you have a case.

    • @poeticjustice144
      @poeticjustice144 2 ปีที่แล้ว

      @@hiddengem4293 are they in ohio?

    • @rakiamhassaan498
      @rakiamhassaan498 2 ปีที่แล้ว

      Your fault for letting them do it but continue to work there

    • @cherryswonder3406
      @cherryswonder3406 ปีที่แล้ว

      Yes you can file lawsuit for discrimination. Wether you like the job or not, Or if they like you or not They have no right to fire you just because you have mental illness.

  • @johnadams9983
    @johnadams9983 2 ปีที่แล้ว +1

    Great insight thank you never thought I'd have to look into this kinda stuff

  • @aa777flyer
    @aa777flyer 7 หลายเดือนก่อน +1

    It really sucks when you have a group of co-workers make up a bunch of LIES about you to frame you to get you fired!

  • @besitosxalma
    @besitosxalma 2 ปีที่แล้ว +1

    So I recently got fired from a locally owned restaurant and give or take a month prior I had a very bad incident. Their broaster basket fell into the oil after I had set it the way they trained me. I was a month new to the job. I was the only female on their line and it very much felt like they didn’t appreciate that. So when they fired me he said that it “wasn’t a good fit” and that that was all he had for me. I asked if he wanted me to work my shift or leave then and he said “please”. I signed no contracts. But am quite pissed and hurt.

    • @besitosxalma
      @besitosxalma 2 ปีที่แล้ว

      Side note I have very bad scarring on my neck and slight scarring on my arms and face. I didn’t go for workers comp because of the fight and the fact that I have insurance

  • @videoplaylist5973
    @videoplaylist5973 ปีที่แล้ว

    Violation of Public policy.
    100's of examples.
    Unsafe work environment was the 1 I had to bring up to my boss. I wasn't gonna carry things in an unsafe way. I simply said in a non threatening way but in writing that "I need accommodations with how this is carried. I need to be able to use the cart because of back strain. Otherwise im gonna have to move on." Seeing this video gave me the confidence to speak up. I don't care that my boss didn't mind doing things the improper m hard way even putting herself at risk. I did mind. Now we worked it out. I think saying this might have helped her get her standards up herself. Now shes even started using the cart more than before and she seems less stressed.

  • @Dizzyphan
    @Dizzyphan 8 หลายเดือนก่อน

    We are in SoCal. Wife was terminated for being on medical leave too long. 2022 Heart patient with bypass surgery then months later in January 2023 contracted dangerous staph infection which hospitalized her all of January and most of February 2023. Then massive home nursing therapy for months after that. Disability ran out October 1st so she notified her job about coming back on October 2nd but was then sent a brush off email from the company CEO.

  • @crazyDIYguy
    @crazyDIYguy 11 หลายเดือนก่อน

    Boss steals from employee, (tips). It's documented, superiors are advised, supervisor is reprimanded but then supervisor turns around and fires employee (that they stole from) a week later. "For creating a negative work environment" if that's not grounds for a lawsuit I don't know what is. Right!?

  • @beepre3101
    @beepre3101 ปีที่แล้ว

    I worked for Walmart and a small grocery Walmart and we were always told to work through our brakes when the company Walmart says the brakes are mandatory and we can get in trouble for not taking them out of time I refused to skip my brakes or wait to take my brakes I always took them at the policy scheduled time which is every two and a half hours one morning I went to take my break and was told I don't need to come back from my break. And then was told I quit cuz I left on my break. I'm guessing to avoid playing or paying any unemployment benefits I complained several times about this to corporate before this incident and being treated badly for impossible task that we did have not have enough people to finish or time to finish they would short our department several people and expect us to get the same amount of work that seven people get done with three or they would take them away and put them in another department and still reprimand us for not finishing on time when we did not have the proper amount of people the truck was often late delivering the groceries and we were told we can't go on our brakes till the truck was delivered and put away this sometimes took all day so we didn't end up getting our brakes till the end of the day this breaks Walmart policy it puts me between a rock and a hard place. Is this wrongful termination or what if the corporate part of Walmart tells you to follow policy but your store manager and managers at the individual store you're at make you break them and threaten to write you up or terminate you if you do follow the policy. And I did receive taliation retaliation for calling corporate it made for a very hostile work environment I also complained about a manager several times for being outright disrespectful rude and making my job hell just because she could.

  • @kkingerikka735
    @kkingerikka735 9 หลายเดือนก่อน +1

    If You Try With Hr, EEOC and even A Lawyer and The job refuse to accommodate or rehire you GO TO EVERY NEWS STATION IN YOUR COUNTY! IM SO FR

  • @coreylee9342
    @coreylee9342 ปีที่แล้ว +2

    The key to avoid wrongful termination suits in a right to work or at will employment state is to not give a termination reason other than you are no longer needed.

    • @dlu72
      @dlu72 6 หลายเดือนก่อน

      In that situation, you would need to prove that the termination for no specific reason was just a pretext for some other actual illegal reason that they really wanted to terminate you for (age, medical, etc)

    • @marajevomanash
      @marajevomanash หลายเดือนก่อน

      It would be considered a constructive dismissal then and they have to pay severance.

  • @debscali9479
    @debscali9479 2 ปีที่แล้ว

    I quit due to continuous "depositions" with HR and my boss. Boss always fishing for issues with me from coworkers and embellishing, taking out of context, lawyer and gaining power. I then asked to rescind my resignation as there is a new manager coming and I was assured by coworker/friends she is very good. My request to cancel my resignation was denied. I put in a 2 week notice and asked to cancel it in less than 24 hours but it was denied. I always got good annual review, excellent peer review , good attendance, superior work knowledge and performance. I feel the harassment was too much to bear and if I got fired it would ruin my career so I quit with notice in writing.

  • @atlchopperz1765
    @atlchopperz1765 5 หลายเดือนก่อน +1

    Would speaking out against a company during a start up meeting, calling out a boss for all the things wrong in front of everyone then getting terminated be considered wrongful?

  • @ericatkinson5433
    @ericatkinson5433 5 หลายเดือนก่อน

    I was told I had committed gross misconduct and admitted to it. I have no idea what this misconduct was, cannot identify anything it could be based on all extant examples of misconduct and available policy guidelines. My former employer (at the site level) refused to tell me what it was supposed to have been while stating to the HR associate investigating the case for me that I had already been told and they had no intention of cooperating. I was on medical leave at the time.

  • @DoDo-Chris
    @DoDo-Chris ปีที่แล้ว

    Your video has been very helpful! I'll definitely look into further because I feel they force me to break the low for sure if I'll need further help I'll reach out to you. I watched and searched about 7 videos but none had helpful for us employee's advice or a strategy, course of action to take. Thanks

  • @RayRaySoShy
    @RayRaySoShy ปีที่แล้ว +1

    I love your video That's great information. But I do have a question. I live here in Illinois I have a co-worker who didn't show up for work and he also didn't call in this is his first time doing this. Can my boss fire him without giving him any type of warning. I feel that it would be wrong for my boss to fire my coworker just cause he didn't call in. I feel my boss should give him a warning first. And this coworker of mine only been working with us for like 3 weeks. Or is it written in the job application , where you can be fired without any warning?

  • @romanodeleon2875
    @romanodeleon2875 หลายเดือนก่อน

    Kindly tell us about UNFAIR and UNJUST REDEPLOYMENT.

  • @Melissahenry520
    @Melissahenry520 ปีที่แล้ว +1

    I got terminated for no cause after explaining to HR I followed protocol in regard to a hire that never showed up. They CC’d the COO trying to blackmail me then terminated me the next day without cause when I sent proof of contacting all parties. I then get a severance package the next day and nobody could explain as to why I was immediately discharged. I feel it was discrimination and retaliation. My last message to my boss was I feel HR was after me and my intuition was true. I was one of the top performer’s.

  • @melissahernandez2711
    @melissahernandez2711 4 ปีที่แล้ว +5

    My employer terminated me assuming I had an affair with another co worker, he wasn't fired only me. What can I do about this

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  4 ปีที่แล้ว +3

      Hi there. I recommend that you call a lawyer to have your situation evaluated. If you’re in CA, you can call us at 949-667-3025.

  • @kybble
    @kybble ปีที่แล้ว

    Would hired at one job doing it for 3 years. Then all the sudden they drastically change job assignments from lets say admin job like purchasing to maintenance plant ops. When you refuse they tell you to go home leave your keys which is only access to building. Now is that firing or quiting? The call you next day asking what you're going to do..

  • @trixie4124
    @trixie4124 ปีที่แล้ว

    I was on work restrictions and worked for 2 months on the doctor's note....supervisor called and told me not to return to work ....your Doctor has to put you back to full duty....I have a spinal neck injury ...i was off of work for an entire year.....every month the doctor sent note of restrictions ...12 months later, I
    Was terminated because the restrictions wasn't removed.

  • @foreverrcocochenel
    @foreverrcocochenel ปีที่แล้ว

    Thank you for sharing this information and creating this content.

  • @danaturner3180
    @danaturner3180 4 ปีที่แล้ว +2

    Hi I am a truck driver who was fired because I asked them to fix a fuel leak that is against the law and Dot policy. If I'm stopped by For or scale house I could be fined and shut down for driving a truck and trailer that is leaking fuel. What can I do?

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  4 ปีที่แล้ว +4

      Call a lawyer or two for a consultation. That is how you'll find out if you have a case and if its worth pursing. Consultations are usually free (they are with my office) so you don't have anything to lose. If you're in CA, and you want to call me, here is my number: 949-667-3025. If you're not in CA, google some nearby employment lawyers and give them a call.

    • @danaturner3180
      @danaturner3180 4 ปีที่แล้ว +1

      @@braniganrobertsonlaw hi thank you I will I live in Virginia but company is from Chicago. I will be calling tomorrow as this happened today thanks.

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  4 ปีที่แล้ว +1

      @@danaturner3180 Best of luck!

    • @Stevenfrijol
      @Stevenfrijol 2 ปีที่แล้ว

      The company I work for hauls HazMat. The labels that say Flammable and with the UN number, is missing. Management sees this as a small matter, but if I am stopped,, it can be a big citation.

  • @tiffygirl83
    @tiffygirl83 ปีที่แล้ว

    My sister is in the process of beginning litigation due to wrongful termination, retaliation and possible FMLA violations. EEOC will not sue and we’re waiting on the right to sue letter. Super discouraging. We hope litigation will work in her favor. She was an “at-will” employee here in Texas.

    • @FezCaliph
      @FezCaliph ปีที่แล้ว

      I hope it goes well!

    • @kkingerikka735
      @kkingerikka735 9 หลายเดือนก่อน

      It could be that particular EEOC staff member didn't know he rules themselves, if is a disability case and HR didn't "reasonable accomodate" her then a employment lawyer should be called but look for the lawyers that's 'pro bono' first

  • @cloviepounders6703
    @cloviepounders6703 ปีที่แล้ว

    Under union contract the employer could not retaliate on issues of attendance, there was a point system in place. I went home sick and a section of production went down. Due to the remaining forklift driver being unable to attend the excess work load. after i had started the procedure to leave (filling out paper, seeking supervisor to acknowledge) i was written up for leaving "a mess" at that production line. I never had not been trucking that production line. This write up led to my termination within weeks. I urged the union to defend me but got little too no response. To be frank, rarely did the union directly face the company. The union either didn't face the company or didn't build a sufficient case. The company decided they wouldn't repeal any of the write ups that led to this outcome. It was only days until my first of 3 would have fallen off the record. I was wondering what the time frame for filling a lawsuit against the company or union since i have not been financially stable until only recently. 3 years later. Any comments are welcome.

  • @michaelkumria9380
    @michaelkumria9380 ปีที่แล้ว

    I was wrongfully fired because somebody accused me of being under the influence of marijuana at work. I told them to drug test me they refused and told me I was lying and that I had no integrity. What should I do?

  • @Gio23Deloney
    @Gio23Deloney 2 ปีที่แล้ว +1

    Do a video on misrepresentation and promises. Misleading statements can land an employer in court for negligent misrepresentation, fraudulent inducement, or other legal issues. You do not always need an employment contract to prove false promises.

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  2 ปีที่แล้ว +1

      I have a video on fraud in the inducement. :)

    • @Gio23Deloney
      @Gio23Deloney 2 ปีที่แล้ว

      @@braniganrobertsonlaw Awesome! I have a case on just that alone in Ohio.

  • @user-gv8yq8ev1s
    @user-gv8yq8ev1s 4 หลายเดือนก่อน +1

    I worked for the same employer for 20 years and got fired for getting a medical marijuana card that I got approved for from the state of Florida is that wrongful termination State of Florida approved me for it but you can't keep your job never got written up and also received safety awards

    • @SageTherapies
      @SageTherapies หลายเดือนก่อน

      Same in all 50 states. Check Schedule 1 drug list. I smoke too BTW. Life sux sorry. Federal govt sees me as coke😮And most jobs get fed funding.

  • @rickysu5219
    @rickysu5219 ปีที่แล้ว

    What’s after acquired evidence? And how to do a good deposition as a plaintiff?

  • @SonOfMan-YT
    @SonOfMan-YT 2 ปีที่แล้ว

    Inevitably, who gets to determine if your termination was “with cause”? Is it the employer? The employee? Or the unemployment office which represents the state?

  • @deplorablecovfefe9489
    @deplorablecovfefe9489 ปีที่แล้ว +1

    I've found getting fired for absenteeism let's you qualify for unemployment. They can't fire you for being sick regardless of "policy" .

  • @travelfun3513
    @travelfun3513 4 ปีที่แล้ว

    You're great at this- thanks

  • @RachelLovesJesus1111
    @RachelLovesJesus1111 หลายเดือนก่อน +1

    I see you're in California. Do u have agents in KY?

  • @williamedwards6519
    @williamedwards6519 11 หลายเดือนก่อน

    the thing about Public Policy is, the employer would need to be honest if they wanted you to do something against public policy, and then terminate you when you don't do it, and tell you that you violated company policy, but wont say which one.

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  11 หลายเดือนก่อน +1

      That is why the rules around pretext exist. th-cam.com/video/TyIscOJ5Zrs/w-d-xo.html

  • @kronosyt2584
    @kronosyt2584 3 ปีที่แล้ว +2

    So is it illegal to fire someone for going to meps for military processing ?

    • @marymeloy1804
      @marymeloy1804 2 หลายเดือนก่อน

      Short answer. Yes given you provide adequate notice.
      Not legal advice but the military have special labor laws specifically for them.

  • @danielpalos
    @danielpalos 2 ปีที่แล้ว

    Hello, I would like to understand why we have soo many social problems. In my opinion, part of the problem is unEqual protection of our own at-will employment laws for unemployment compensation in our own at-will employment States. Is employment at the Will of Either party for Any public policy or not? Currently, it seems like only the State or the capitalist-employer have that right for unemployment compensation. I believe we should have no homeless problem due to unequal protection of our own at-will employment laws for unemployment compensation. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. (And State equivalents apply.)

  • @LifeOfDynmite
    @LifeOfDynmite 6 หลายเดือนก่อน +1

    I REPORTED!!! THIS !!! TO HR!! 1-2 DAYS LATER I WAS LET GO #TERMINATED ... I WAS SEXUALLY HARASSED.

  • @OoOJennieOoO
    @OoOJennieOoO 2 ปีที่แล้ว +1

    I was fired for something that I didn’t do. After our morning meeting we were told we failed an order and we had to redo it, I jokingly told my “friend” it must have been that product I sent you that you failed us for, of course I did not know she was actually the one that failed it because they keep that information private, however 90% of the time she is the reason why we fail because she admits it to us all of the time. I told her I was kidding because we always joke around with one another, and she seemed upset after I reassured her it was a joke. She then told another colleague who likes stirring the pot and scared her into thinking she was going to get in trouble which is not true and she reported that I sabotaged her work, which is impossible because our audits are pulled 100% from our own trays. I was sent home and it was investigated, the investigator had no idea what I was talking about because he’s never stepped a foot in our plant. I explained the humor we have with one another but it didn’t matter. I was fired. Another colleague that I still talk to was fired because the supervisor kept editing his time clock card everyday by 15 minutes, so he wasn’t getting paid for those 15 minutes so he got in trouble for not being in the work area early for free, he said why would I come up here early? You keep editing my time card and I’m not getting paid for it. So he sent him home also to be investigated and ge got fired too. The new supervisor we had wanted to make an example out of us, colleagues that I still talk to that are still employed there and that have been for the past 25+ years have never worked under anyone that has fired that many people in the time frame he has been in charge. The entire time I have worked there I have been harassed and reported it and nothing happened and sexually harassed and nothing happened. I can’t say the company name that I worked for because it’s globally known especially after Covid-19. I’ve learned my lesson to not make any jokes with people at the workplace.

    • @OoOJennieOoO
      @OoOJennieOoO 2 ปีที่แล้ว

      He also ended my sisters assignment at the job because he found out she was my sister and she mentioned she was bored and someone told him she said that and they didn’t let her come back working through a staffing agency. I was bitter about it because I was a hard worker and they would always call and find me to do stuff that wasn’t my job title but I loved doing it anyways. The girl that reported me is still trying to get people fired. If you don’t talk to her or she feels weird around you then she takes it personal and reports how she feels to upper management. Sorry this is a long post lol

  • @danialan30
    @danialan30 3 ปีที่แล้ว +2

    If I lets say refuse taking covid 19 shoot. Then later on get fire.is these a wrongfull termination

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  3 ปีที่แล้ว

      No. It is absolutely legal to fire someone for refusing to get the vaccine. The law is very clear on this. Unfortunately, there is a lot of misinformation going around right now. Vaccine mandates, mask mandates, testing mandates are all legal.

    • @danialan30
      @danialan30 3 ปีที่แล้ว +1

      @@braniganrobertsonlaw
      ITS AGAINST LAW TO ENFORCE VACCINE ON PEOPLE .FIRST AMANDMENT FREDOM OF CHOICE .IF U GET FIRED DUE TO REFUSAL .THEN YOU GET A CASE..
      WE LIVE IN A COUNTRY WITH RULES .WE HOWEVER ARE NOT RULLED BY COMMUNIST

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  3 ปีที่แล้ว +1

      @@danialan30 A company mandate does not force you to get the vaccine. It says that if you refuse to get the vaccine, they can fire you. The law has been settled on this for a long time. The military, schools, universities, and other entities have been doing this for decades. You are free to refuse to get vaccinated, but you may have to look for a job elsewhere. You still have a choice; it's just a hard choice. That is not communism, that is capitalism. The 1st Amendment is about speech, press, and assembly; it does not have anything to do with vaccine mandates.

    • @danialan30
      @danialan30 3 ปีที่แล้ว

      @@braniganrobertsonlaw
      Well I'm living in ct .they saying that all federal workers are required the jab .but if they deny it.they will have to be tested weekly not being fired.
      So if your employer fires you .therefore you have a case you can sue

  • @slumdogtrillionaire304
    @slumdogtrillionaire304 ปีที่แล้ว

    What about being fired openly in front of people? I heard someone say they won a lawsuit over this one.

  • @lilianagarcia5917
    @lilianagarcia5917 2 ปีที่แล้ว +1

    It’s a good Idea to contact EEOC and submit a complaint while you have reported your boss to HR?

    • @iloveoldschool888
      @iloveoldschool888 ปีที่แล้ว

      EEOC is a joke. They don't do anything, especially when the employer can afford good lawyers.

  • @Banks394
    @Banks394 ปีที่แล้ว +2

    It’s not right for people to just fire at will. It’s the big wigs, they have way to much control.

  • @dlu72
    @dlu72 6 หลายเดือนก่อน

    Should a person wait until they find another job to file a lawsuit? Otherwise the "lost income" amount cannot be determined.

  • @alexandercobb7341
    @alexandercobb7341 ปีที่แล้ว

    I was fired from a large trucking company for a failed drug test. I didnt take any drug test nor do i even do drugs lol. The FMCSA says i have NO violations on my clearinghouse. What do i do

  • @robinshepard4571
    @robinshepard4571 ปีที่แล้ว

    Great information ℹ️👍

  • @901champcity4
    @901champcity4 4 หลายเดือนก่อน +1

    What about false accusations? Like stealing when you was on camera doing your job.

  • @ElanaVital83
    @ElanaVital83 ปีที่แล้ว

    I'm screwed. I am just a nail technician. I was fired for not removing an ingrown toenail, which in the state of FL you need to be a podiatrist to remove something like that. So I informed the client that I was not permitted to do that. I got fired for that. Oh, and because I was "too obsessed with sanitation".

  • @terrencewoodall8021
    @terrencewoodall8021 11 หลายเดือนก่อน

    My supervisors said that I refused to go to a laboratory to take a blood test and I didn't, they didn't even tell me to go because I addmited .They said if I lied I would have to, and on top of that my union representative was present and even asked the nurse and supervisors do I have to go to the laboratory and they no. Next day I get terminated for refusing to get tested and me and my union representative filed a wrongful termination greivens against them. What do you think?

  • @antoniobabb1938
    @antoniobabb1938 5 หลายเดือนก่อน

    Me, I was fired a mix of both But however, mainly I’m justly because the rest didn’t get fired because they break the rules all the time the HR wouldn’t bat an eye. I followed the rules as best as I can, but still got fired. The rest didn’t for their foolishness in a supposedly professional setting.

  • @rickeydacooks8716
    @rickeydacooks8716 2 ปีที่แล้ว +1

    I was fired for stealing on my break yet I have a receipt for my purchase they accused me of.

  • @thebustedbolt3044
    @thebustedbolt3044 ปีที่แล้ว

    So what about termination If you were apart of a company private messenger conversation that" jokenly " talked about poisoning a member of management

  • @davewesolowski5113
    @davewesolowski5113 ปีที่แล้ว

    so I got a new job through a temp agency i made it clear that i have a very bad back degenerating disks and more they set me up with a light job witch was just fine with but they wanted to see if i could do a heaver job. I gave it a try and couldn't it hurt to much and told my supervisor didn't like that. i was then moved back to the lighter work got sick missed 2 days called in ahead of time and got fired for poor attendance however when i was talking to my temp agency they sad that me telling him my back was bad was a red flag? some how and seems like that's why I was let go.

  • @lorenzobeckmann3736
    @lorenzobeckmann3736 ปีที่แล้ว

    assumes "level playing field" in courtroom. Court defers to authority; company never puts it on paper.

  • @funnshinesunshine1312
    @funnshinesunshine1312 ปีที่แล้ว

    Mannnn I'm nervous. I'm bout to watch. I definitely got ot suit... But I dunno bout wrongrul suit

  • @DW-ur4xt
    @DW-ur4xt ปีที่แล้ว

    I was fired after 17 years of service they told me I'm fired because I don't want to accommodate you any more after working 4 years with accommodations from a work comp injury at their company and states that on my termination letter

  • @jsegura525
    @jsegura525 7 หลายเดือนก่อน

    What type of employment cases warrent and award attorney fees.

  • @Ruab
    @Ruab ปีที่แล้ว

    got laid off today 6 months into a new job, wasn't given a reason outside of "we are downsizing because we've spent too much money and can't afford to pay administrative staff anymore"
    kind of amazing how I can be held liable for their misspending and incompetence.
    Working in corporate america is getting worse every fucking year.

  • @tekrrie4310
    @tekrrie4310 ปีที่แล้ว

    I recently got fired from my job, but the letter they sent me reads as follows " Having received any verbal or written communication from you, we are moving forward with the understanding that you have resigned from your position, effective immediately". this letter was sent to me by my manager. Is this reason of termination legal?

  • @THAGHOSTONE
    @THAGHOSTONE 2 ปีที่แล้ว

    Great video question. What if your got fired because you used a regular 15 min covid test to show you are negative instead of a pcr test? Is there anything in law that states that I must show a PCR test.

  • @Alonavlog36
    @Alonavlog36 3 ปีที่แล้ว

    Thanks for idea

  • @alberteinstein9235
    @alberteinstein9235 ปีที่แล้ว

    I was working at a security place for 5 years but recently got into 2 car accidents on Christmas Eve and new years eve 2022 and my work performance was not really good all that month.after that I was having lots of pain while working and will sometimes daze out while on the job they eventually fired me that month and was nearly left homeless with my daughter..Is there a way I can sue them ?

  • @sunnybrowngirl7053
    @sunnybrowngirl7053 4 ปีที่แล้ว +2

    What about the employer retroactively implement a policy to terminate me?

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  4 ปีที่แล้ว +2

      I don't know what you mean. You would have to provide a lot more information in order for me to be able to comment. After watching the video, if you believe your employer violated public policy in order to fire you, you should call a lawyer for a consultation. If you're in CA, you can call us at 949-667-3025. If you are not in CA, do some research on your state's laws and then call a lawyer.

    • @sunnybrowngirl7053
      @sunnybrowngirl7053 4 ปีที่แล้ว +1

      Branigan Robertson thank you. I live in MI. I will do my research. Thank you!

  • @lovenabunchoo8891
    @lovenabunchoo8891 ปีที่แล้ว

    Hi .any suggestion how to report a company ship..i had an emergency sign off for property issues back home the HR and my department said when we ready to come back just send email.i sents they send me mail that after reviewing my employment records they fired me..when i send mail that i never got any warning on board how come id been fired for now reason..they are not replying my mails as they taken the final decision. Please help..so i can get my job back

  • @tammydaugherty5081
    @tammydaugherty5081 ปีที่แล้ว

    Mr. Robertson,
    What kind of lawyer do I need for a medical issue- but not malpractice? An on call Dr ignored suggested medical recommendations from the ER and then falsified visit notes on multiple visits.

  • @BreikaRena
    @BreikaRena 4 หลายเดือนก่อน +1

    I really think I have a case

  • @rainey2042
    @rainey2042 ปีที่แล้ว

    But can I ask you something let's say this If a customer puts their hands on you are you allowed to fight back if you fight back will you get fired and can you sue if they fire you ??????

  • @heathershannon7925
    @heathershannon7925 4 หลายเดือนก่อน

    I was fired while I was in the hospital I had been admitted contacted everyone in the company that needed to know company said i was fired on the 10th when i actually worked the 10th, 12th and the 13th idk if i have a case or not need help

  • @oluwaseyia8548
    @oluwaseyia8548 ปีที่แล้ว

    How can anyone prove it's termination when there's no paperwork from the employer stating that?

  • @hyongkim4766
    @hyongkim4766 2 ปีที่แล้ว

    What is the retaliation statue of limitation in California ? 1year or 3 years?

  • @BO-2016
    @BO-2016 2 ปีที่แล้ว

    Can you do a video on Last Chance Agreements

  • @elizabethzaldivar6146
    @elizabethzaldivar6146 ปีที่แล้ว

    Hi I work for Amazon I deliver package I got hurt on the job I fell on my route I call HR told them I got hurt they didn't send me to the doctor nor offer but they fired me when they found out I was filing workers comp.. What should I do??

  • @laverdadbuscador
    @laverdadbuscador ปีที่แล้ว

    what states allow you to lawyer up without getting approval first?

  • @tsunami5834
    @tsunami5834 5 หลายเดือนก่อน

    Someone I know was terminated due to attendance, but he had used protected time and was paid out for the time used. Is this considered wrongful termination

  • @tu1469
    @tu1469 ปีที่แล้ว

    I got “suspended” for a week then next week came and my employer ignored all my calls, reason for suspension: me and other coworkers used an angle grinder inside a room on a job site and I was singled out and fired