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At will employers and wrongful termination

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Madhen

Junior Member
What is the name of your state (only U.S. law)? NJ

My husband was fired from his position with a major retailer with trumped up charges by management claiming that he committed paperwork fraud and a whole host of other charges which is blatantly false. His supervisor had set him up to be terminated because the man does not like my husband for whatever made up reason. The supervisor had tried to get him fired several months ago on trumped up charges of merchandise and discount fraud but the case fizzled because the supervisor failed to properly investigate the situation and my husband even had a receipt and the merchandising manager to back him up.

I have spoken to an employment lawyer who had told me that we would not be able to sue unless its tied under race, age, religion, disability or creed. Because NJ is an at will state, he could be fired for any host of reasons even trumped up charges. Would we be able to sue the supervisor individually for civil reasons under slander or am I crazy for even asking this question?

Thanks in advance for any advice.
 


eerelations

Senior Member
Your attorney is correct about the definition of wrongful termination.

You might be able to sue the supervisor for damages sustained as a result of lies he told about your husband, but I strongly urge you to get an attorney's opinion before you start down this road.
 

commentator

Senior Member
If he files for unemployment compensation, this will be a venue for him to review the charges and see what exactly they are saying, what evidence of wrongdoing they have and how this all plays out. It would also, if he was fired unjustly and it is so adjudicated, give him some income to depend on until he can find other work.

He'll file the claim, giving the reason as he sees it for the termination, the company will give their reason, and there will be a decision. Then this decision will be appealable and there will be a hearing if either party appeals.

Suing someone for slander in this case will most likely not lead to much satisfaction, and will not help you in the short term, while unemployment insurance is a definite possibility if he was fired unjustly, and helps to bridge the gap to his next employment.
 

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