Legal Question in Business Law in West Virginia

As a Franchise Attorney my best advice is that your friend look into collecting unemployment. Without a written employment agreement specifying things, employment is "at will," meaning either party can terminate at any time. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

I disagree with Mr. Murphy as to the nature of this case; this is not a franchise matter.

However, he is quite correct in saying that consulting with an employment attorney is appropriate (a franchise attorney is not actually the person your friend needs), not for you but for the person who got fired. You, unless you actually are the person who got fired, have no standing to pursue this matter.

I also agree with Mr. Murphy when he states that, without a written agreement to the contrary, employment is "at will." This means, on the one side, an employee can quit the job at any time and for any or no reason; that's really good for the employee. However, there is a flip side: the employer has the equal right to terminate the employee at any time and for any or no reason. This is not so good for the employee, but it is fair for the nature of the "at-will" deal. Thus, unless there is something very unusual going on here that I don't see in your posting, the firing is likely to stand.

Your friend should indeed apply for unemployment. This is generally done through the state's Dept. of Labor (or equivalent). Have her visit her local unemployment office to apply (or perhaps she can apply online, depending on how progressive your state's Dept. of Labor is).

If the manager slandered your friend by cursing at her, your friend may, depending on very specific circumstances which you do not disclose, be able to do something about the manager's behavior on the phone. Slander is not just about hurt feelings; slander involves publicly stating something derogatory and untrue about the person being slandered.

Again, your friend should speak with an employment attorney.

Good luck to her.

Nancy Baum Delain, A.B., M.S., J.D., Esq.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.