Legal Question in Employment Law in Utah

Improper Dismissal resulting in damages due to procedure

Is a company liable for damages to myself and my family if I was dismissed without cause from my job in a manner that made it impossible to resume other employment in my field? If I can demonstrate the real cause was discrinimation for a disability does that make a difference?


Asked on 5/07/98, 4:09 pm

1 Answer from Attorneys

Craig Crispin Crispin Employment Lawyers

Disability Discrimination Question

In most states, including Oregon, employment generally is "at will", meaning an employer can terminate at any time for any reason. Notwithstanding that rule, an employer still may not legally terminate because of an employee's disability. Just being fired without cause is not illegal (absent a contract providing for termination only for cause). You don't provide enough facts to evaluate the matter in any further depth. For example, you don't say what keeps you from working in your field. If it is because the employer is making false statements about you under circumstances that are not privileged, then you may have a defamataon claim. But I can't tell from the information provided.

Please be aware that you have only a limited time in which to bring a legal claim. If you delay, all your right to pursue your claim may be lost forever. The limitations periods for different kinds of claims are of different lengths of time, and when the time begins to run can be difficult to determine in some cases. Do not delay. Act promptly if you intend to pursue a legal claim.

The comments contained in this response are not intended as, and should not be relied on as, specific legal advice. These comments are for general guidance only. If you need specific advice for a particular problem, you should consult a lawyer in person.

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Answered on 6/19/98, 1:18 am


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