Do i have a lawsuit against my former place of employment?
I was hired at a jewelry store and put on adminstrative leave after one week for calling security, Manager said I could comeback as soon as the cooperate office says so. I searched for another job and called back to the store for months. Using them as a reference also cause i thought I had a good name there and i was still employed. I got a letter stating I was fired for being late,texting, and misconduct. All 3 which are lies and I can prove it. Also I was denied breaks after 6 hours of work and on my last day of work my blood pressure dropped due to my metroplol and my MOD didn't let me get something salty to bring it up til i almost went unconscious and she called 911. Do I have a lawsuit? I am residing in Colonial Heights VA.
- 1 decade agoFavorite Answer
It's highly unlikely that you have a lawsuit for wrongful termination. Under Virginia labor laws you are what is known as an at will employee which means your employer doesn't need a reason to fire you. The only proscriptions against termination for at will employees are for termination based on race, color, creed, gender, age or sexual orientation.
You should still qualify for unemployment benefits provided that you meet your state's other requirements related to duration of employment and hours worked. While it is possible that your employer may claim denial of benefits, you can appeal it, and if what you said is true, in most cases the employer will not even participate in the appeal and you will have your benefits reinstated.
With regards to references, if your former employer continues to provide false information in employee reference checks by the places to which you are applying you may have a case for defamation against them. If you are sure they are already doing this it might be worth a nominal sum of money to have an attorney draft a form cease and desist letter to them for a few hundred dollars or less. It might be sufficient to intimidate them into shutting up and doing nothing more than confirming your dates of employment.
If you want to pursue it further than that it will probably cost you more because even if you can find a lawyer to represent you in an actual defamation lawsuit on a contingency basis you are typically still responsible for court costs for filing papers and motions, issuing subpoenas etc. Additionally, figuring out damages (i.e. how much money you can possibly be awarded if you win your lawsuit) can be tricky in defamation lawsuits. While defamation that impacts on your employment is generally defamation per se, meaning that damages are automatically presumed if you prevail, it is still hard to accurately predict the amount and therefore whether it is worthwhile for you (and your prospective lawyer) to pursue a lawsuit.
- 1 decade ago
OH, YA! I certaintly believe you do. Go collect unemployment and tell them everything that you said on here. And see a lawyer or the Dept of Labor. WOW! I cannot believe some employers.
- Anonymous1 decade ago
yes you definitely do especially if you can prove that the reason they fired you was untrue
- kapnLv 71 decade ago
You can sue anyone, anytime for any amount...........as long as you can afford it..........