Dont employers have to build a case against an employee in order to fire them.

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My husband had coffee with his manager after they had worked a long night, during the conversation, the manager asked him if he was unhappy at work, my husband explained his desire to be doing more and his frustration in confidence. The manager basically said, that he would have to change his attitude or change jobs. 2 weeks later, on his first day back from vacation, he was "let go" and given no explanation for it. Does he have any legal recourse? I thought companies had to build a case in order to fire someone, that in this case he would have had to been put on corrective action and in order to be let go. He was offered 2 weeks severance though. In this case would he be unable to collect unemployment?

Attorney Answer

1
Alan Brinkmeier ·
As an at-will employee, your husband can quit at any time for any reason, he can be fired for any reason, a rotten reason, or no reason, except unlawful discrimination. If he does not have an employment contract or union to represent him, his recourse is limited. Discrimination based on age, gender, race, religious beliefs etc.... may give rise to a different answer. Usually, if offered severance pay the written agreement requires the person to forego seeking unemployment. You might find my Legal Guide helpful "Workplace Discrimination: A Basis for Wrongful Termination Claims" http://www.avvo.com/legal-guides/ugc/workplace-discrimination-a-basis-for-wrongful-termination-claims You might find my Legal Guide helpful "How to Choose a Lawyer for you.” http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you You might find my Legal Guide helpful "What Do I Tell My Lawyer"? http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer No one can know what the record is in the case because online we cannot find out any details. Check with a lawyer in your locale to discuss more of the details. If you have a discrimination theory about retaliatory discharge or hostile workplace conditions you'll need a lawyer. Religious belief, age, gender, race etc. all are discriminatory reasons for which you cannot be legally fired and upon which you might base a wrongful termination suit. Good luck to you. God bless. NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. This observation is not like a communication with a lawyer with whom you have an attorney-client relationship along with all the privileges that relationship provides.
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