• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

wrongful ternimation?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

C

Chatoloco

Guest
What is the name of your state? Illinois

I worked for a roofing company for several years with no problems. I was on a out of town job that finished on a Friday. Come Sunday night I recieved a phone call from my boss saying that I was being laid off due to "lack of work", and that he would call me back "in a week or two". This was the only reason given to me. Well, it's been 4 months and no call back although he has hired new guys and in fact when I was laid off there was at least 2 guys that were hired after me were never laid off. I have tried several times to talk to the main boss but he seems always to be out of the office or other such excuss. I have talked to the co-owner one time and I told him that it was not right to "lay me off" (fire) when my job performance and attendance were not in question, and keep the newer guys. He agreed with me but stated "thats the way it goes". I should mention that I am part of a union. The union just brushed me off like I was of no concern to them. Is there any recourse I can follow or is it as the co-owner stated-"that's the way it goes"?
 


BelizeBreeze

Senior Member
Well, the LEGAL answer to your question is "That's the way it is".

Otherwise, there was not one hint of a Wrongful Termination dismissal in your post since Wrongful Termination has to do with being fired because of race, origin, religion or other protected status.
 

cbg

I'm a Northern Girl
Unless you have a bona fide, binding contract (union or otherwise) that GUARANTEES you will be rehired prior to hiring any new employees, then that's the way it goes. The law does NOT require them to rehire you rather than hire someone new.

And no, this is not even remotely close to a wrongful termination under the law unless you have a VALID reason to believe that they did not rehire you BECAUSE OF your race, religion, national origin etc., or BECAUSE you applied for or utilized a right or benefit that is protected under the law.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top