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Wrongfully terminated

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Damon l

Junior Member
What is the name of your state (only U.S. law)? Oklahoma I was terminated without any verbal warning or no write up is this legal??
 


commentator

Senior Member
The only recourse you have is to file for unemployment benefits. While the employer may terminate you at any time for any reason, with or without cause, you do have the right to file for unemployment benefits. If you have been working for covered employers for the last two years, and have wages to set up an unemployment claim, you may file. They will contact the employer, and take a statement from you about what happened when you were discharged, what you were told was the reason, whether or not you had warnings, whether or not you had a chance to change your behavior and keep the job.

If what you did is determined to be a good misconduct reason for the employer to fire you, you will not be approved. If what you did was not considered a valid misconduct reason to terminate you, you will be approved to draw benefits, it will be determined that you were out of work through no fault of your own.

If you did something so bad that anybody reasonable would know they shouldn't do it, and that it could cause them to get fired, such as stealing, punching out your boss, setting the worksite on fire, those are considered gross misconduct. You don't have to have received any warnings about doing this. It was wrong to do it even one time, and any sensible person would know that. You don't likely get approved for unemployment in these circumstances.

But if they come to you one day and say, "Your performance isn't good enough, you're fired!" and you don't know what you did and you didn't have any warnings that your performance was not what they were wanting, that's not really misconduct. If you violate a clearly stated company policy, such as "if you are out ten times in one year for any reason" that's misconduct. You knew the situation, knew what would cause you to be fired. If you were out for a medical reason the last time, you may be able to get approved for benefits, but you'll need to file and let the unemployment system work it out. In most cases, you have to be aware that your job is in jeopardy and you should be given an opportunity to improve your behavior and keep your job in order to be approved for unemployment when you've been fired.

But as everyone said, there's no such thing as a "wrongful termination" unless you have a very selective set of circumstances and they are very very rare. Also depends which state you live in, there's one that actually has a wrongful termination law, but it isn't yours. So yes, it's legal. Most people don't realize it, but the employer can walk in and fire you for any reason at any time. Legally in most cases.
 
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