Legal Question in Employment Law in Alabama
Seeking help on wrongful termination case
I am seeking advice on whether or not my case should go to small claims or if I need an attorney. I was wrongfully terminated from my last job, and the company does not want to acknowledge the fact that I am owed money. I was terminated due to the fact that I supposedly was not performing my duties. I have a file of all my daily checklists, which proves otherwise. I am now wishing to seek lost wages plus damages for my wrongful termination. Any assistance would be greatly appreciated.
2 Answers from Attorneys
Re: Seeking help on wrongful termination case
Well, unfortunately, unless you were hired on a contractual basis, you may not have much of a chance, with or without an attorney. If you were hired under an employment contract-and you and the employer signed an agreement to that effect, then the terms of that agreement would govern how and when you could be terminated. If there was no employment agreement, you can be terminated for any reason, regardless of your job performance. Now, with that said, even if you weren't wrongfully terminated, if the company owes you wages that you earned before you were terminated, you are certainly entitled to those funds. If you wish to proceed without an attorney, the Department of Labor's web page is very helpful: www.dol.gov. Just click on "wages" and there should be lots of information to help you out. Some attorneys may agree to help you out, even if they don't go to court for you, in preparing your case and such for a small fee. Good luck.
Re: Seeking help on wrongful termination case
Unfortunately in Alabama there is no claim for wrongful termination. An employer, in the words of our illustrious Supreme Court, can fire you for any reason, good reason, no reason or bad reason.
However, that does not mean that you are without some potential actions against your employer. It depends on a variety of issues and there are some Federal causes of action that may apply. For example you cannot be fired because you are black or hispanic or because of a disability or because you've had to take time off to deal with a major illnes of yours or a close family member, or a pregnancy. Also, in terminating you, there may be wage issues raised that could also be actionable. Please give me a call at 205-458-1100 and I would be happy to discuss this matter at no cost to you.
Sterling L. DeRamus
Attorney at Law
Birmingham, Alabama