Tuesday, June 16, 2009

Can an employer terminate me for a false statement write up. - Wrongful Termination - Avvo.com

Can an employer terminate me for a false statement write up.
Baltimore (MD) Viewed 5 times. Posted 1 day ago in Wrongful Termination

QUESTION

My employer fabricated a story of me being barred from a facility. This write up was placed in my empoyee file for 45 days without my knowledge. While I was out of work for a work related injury. After returning to work i was terminated 6 days later. I initially was denied a copy of this write up, but later recieved one. After making some inquires it was determined this incident never happened.

ANSWER

In Maryland (I am a Maryland lawyer), an employee is protected against being fired under a limited set of cricumstances. Unless you have a contract with you employer, are a union member, or are being discriminated against or retaliated against under a limited number of federal or state laws, your employer can fire you for any reason, even a totally stupid one.

In your case, more information is needed. Were you out on FMLA or other statutory protected leave? If so, there may be a nexus between your leave and the firing.

If there was retaliation for taking statutory protected leave, you have a limited amount of time to challenge the firing and file suit.

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