Best Ohio Wrongful Termination Attorney Response: My boss slapped me and I got fired after I complained; do I have a case for wrongful termination? Can my company fire me if I submit a complaint that my boss hit me? Can I sue if I was fired today for no reason other than reporting my manager for doing something illegal?
As the saying goes, desperate times often call for desperate measures. In the heat of the moment your boss, instead of choosing to use his or her words to provide constructive feedback, may end up giving you a slap upside your head. As the reasonable person you are, you file a complaint with your friendly Human Resources representative that your boss is committing battery in the office. Can your boss fire you after you file a complaint with Human Resources for battery? For one Desperate Housewife, the question was not can you, but when exactly is the proper time to file a lawsuit.
As our employment law attorneys have blogged about before, employees have only a certain amount of time to sue their employers. (See How Long Do I Have To Sue My Employer? I Need A Discrimination Lawyer!; How Long Do I Have To Sue My Job For Employment Discrimination? Best Lawyer Answer!; Top Overtime Lawyer Answer: How Long After A Wage Violation Do I Have To Sue My Job?; How Long Do I Have To File With The EEOC?; and Can My Employer Shorten The Time I Have To Sue It For Discrimination? Best Lawyer Answers!). And, depending on the claim, you may have to do certain things before filing an employment lawsuit. (See Should I Get A Lawyer To Help Me File An EEOC Charge?; and File With The EEOC Or Get A Lawyer?). These issues are often complex, which is why getting good advice from employment law lawyers as early as possible may save your case from being time barred or stepping on a procedural landmine.
As you may fondly remember, Desperate Housewives was a hit show on ABC that experienced drama both on and off camera. Off-camera the women of Wisteria Lane were known as diva employees who fought over big issues such as the size of their personal on-set trailers to small squabbles about how much screen time each character receives. Nicolette Sheridan, one of the former stars of the primetime series, filed an employment lawsuit against her former employer, Marc Cherry for hitting her on the side of her head. Sheridan alleges in her lawsuit Cherry had slapped her upside the head after she tried to talk to him about a change in script for her character on the show, Edie Britt. After the slap heard round the cul-du-sac and Sheridan’s complaint, her character on the show, Edie Britt, was swiftly murdered off the show and Sheridan was out of a job (and apparently an upgraded trailer, another co-worker promptly took possession of it after she was canned). Sheridan’s lawsuit alleges her demise, both career and her character Edie, were the result of engaging in protected activity—not to mention because of her gender, sexual orientation and wrongful termination in violation of public policy.
Unlike the Whistleblower statute in Ohio, California employees are protected from both written and oral complaints regarding illegal or unsafe conduct. Under the California Statute, “[a]ny employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because the employee has made a bona fide oral or written complaint to … his or her employer … of unsafe working conditions, or work practices … shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer.” After filing her employment lawsuit, the employers argued that Sheridan hadn’t exhausted all of the remedies available to her through the Labor Commission. The trial court agreed and dismissed the case. Sheridan promptly appealed. The Second Circuit Court of Appeals in California decided that Sheridan did not have to exhaust all of her remedies to bring her lawsuit, holding she could proceed with her wrongful termination lawsuit without exhausting her administrative remedies.
If you are searching “I need a lawyer because I have been wrongfully fired or terminated;” or “I have been discriminated against based on my …” race, national origin, gender, age, religion or disability; or even think that you might need an employment lawyer, then it would be best to call the right attorney to schedule a free and confidential consultation at 866-797-6040. Spitz, The Employee’s Law Firm and its attorneys are experienced and dedicated to protecting employees’ rights and solving employment disputes.
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