Wrongful Termination Lawsuits

I'm attempting to help a good friend who is seriously considering a wrongful termination lawsuit against his former employee. He was terminated on grounds of absenteeism. His manager is telling human resources the absences were unexcused and never authorized. However, after contracted the flu within the office, he was encouraged by his employer to stay home and that his health was of utmost importance. Then boom, after taking the ok'd time off, he was fired. Does he have any grounds for a lawsuit? Although I believe him, it feels basically like it is their word against his. I have no experience with wrongful termination and any advice would be appreciated. He lives in an "at-will-enployment" state but it also feels like they're using this as an excuse to fire an employee who simply followed their instructions. His illness was not only contracted at the site, but all the other employees, who have far more seniority than he did, took time off as well. It feels really fishy but I'm worried there are no actions he can take. Again, any feedback would be greatly appreciated!

---

Unless this whole thing is a really weird misunderstanding, it sounds like someone at the company was gunning for your friend and/or set him up. In this economy, who can tell? Did your friend have any interpersonal or professional issues with his co-workers or his job performance?

"At will" means he can be let go for any reason without the first party having to explain, but there are limitations. Hard to believe that this matter couldn't be resolved internally. Does your friend's company have any kind of labor relations rep? In any case, your friend can consult with a lawyer for free and get an idea of whether he has a case. It sounds like he might, but it seems totally nuts that the company has no resources for your friend to approach this directly.

It would benefit your friend if any of the "stay home" advice was given over email or left as voicemail--anything that provides proof is good. A note from a doctor would be good.

All in all though, why would your friend want to go back to work for a company that's run like this? They obviously have a problem either within management, or with your friend. At the very least, they owe him severance and a recommendation.

Updated On: 11/24/08 at 01:16 AM

Sounds bizarre.