Re: taking a small business to court for what I believe to be a wrongful termination?

My wife worked for a M.D. who had his own business. She started in Aug. of 2009 and was let go about a week ago(May 2010). Her boss gave her the reason of "that she is not fit for his business and that it is not working out". She has had a verbal warning / coaching over her 10 months of work, but never received a write up. My question to you is, I want to know if we can go to court on this? For what reason would a tell a lawyer we want to go to court and what to expect on her bosses behave as a counter-act?

Can you file a lawsuit? Certainly.
Will you win the lawsuit? Probably not.
Why? Because employment is "at-will". That means an employer can terminate an employee for any legal reason AND "… it is not working out" is a perfectly legal reason.
Moreover, you didn’t specify the jurisdiction of the employment. Each jurisdiction has its own laws. For example, in California, the Fair Housing & Employment Act applies to all employers with at least 5 employees.

So, if your wife worked for an MD in California and the MD has 4 or fewer employees, then he can terminate her for any reason whatsoever

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One Response to Re: taking a small business to court for what I believe to be a wrongful termination?

  1. Ghost of Zeuz says:

    Can you file a lawsuit? Certainly.
    Will you win the lawsuit? Probably not.
    Why? Because employment is "at-will". That means an employer can terminate an employee for any legal reason AND "… it is not working out" is a perfectly legal reason.
    Moreover, you didn’t specify the jurisdiction of the employment. Each jurisdiction has its own laws. For example, in California, the Fair Housing & Employment Act applies to all employers with at least 5 employees.

    So, if your wife worked for an MD in California and the MD has 4 or fewer employees, then he can terminate her for any reason whatsoeverReferences :

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