
wrongful termination/whislteblower
i believe that i was fired cause i brought to attention illegal activity that was going on and my employer made it seem that i pulled a no call no show when i told them that i had a death in the family ,and still havent rembured me for mileage and motel stays

David funny thing you just happen to have the name of my youngest child.My youngest child is 33 I will tell you as an older person always do everything in writing.Did you document with your employeer such as did you send an email or a call record the calls that is what I do everytime something like this happens.When going to court you need to go prepared take any documentation even when you were whistle blowing tape the event as long as the employeer was aware in written proof or you recorded them you have something you can show.I am a wife of a Lawyer he is no longer with us he died the 17 of this month I informed my employeer of his death I have a copy that I printed of that email and everytime I leave a message I record the message left with my employeer.I did not go anywhere and I did not have to miss work because my husband had us creamate him I did not like the idea but it was his will all we did was after work a remembrance in church to celebrate his life because he wanted that as well.I did not have to use anything because i did not miss a day at work been trying to take it one day at the time and my client is a very understanding person and works with me.If I would have had a problem I would have use these two things not because this company did me wrong but because other companies have and now I am programed that way.Yes the state that you live in depends on the outcome of your case but remember what if that is not legal in that state without the proper paper work it can be rejected regardless.So set up your documentation and have them at hand and remember always document everything.Good luck but if you cant seem to get anywhere try applying somewhere else were if something like this happens the got your back.Good luck keep you chin up and start you job search if you want I will try to post of companies that I know and I worked for including the one I currently work for they are pretty good as well.

update on my situation to, to clear things up it ,before my aunt past i brought up that they were high as kites on the 2nd shift before the fact. and they had given me permission to miss work as long as it was for finding a place since i hadn't found a living situation yet but i got consulted legal advise and a lawyer has taken my case will keep everyone posted thanks so much for your comments and condolences very helpful

Obviously your employer did not ask for any proof of death which would prove that you did attend a funeral. As far as the no call no show incident, if this was single incident then a warning would have been appropriate. You may consider filing a complaint with the state labor board, employers are obligated to give reasonable time to attend a funeral for immediate family.

Unless you can find a memo or something in writing to that effect then you don't have a case for wrongful termination. Did you follow up with something in writing regarding the death in the family? If you didn't then your employer can say anything they want about your absence? Unless it says somewhere in your employment agreement that they'll reimburse you for mileage and motel expenses for a personal grief time then they don't have to. I believe the law says that they only have give you the time off for family funerals. I think the 'rule of thumb' for anyone who are having issues with their employers is to go into CYA mode and put everything in writing. Keep a phone log. Keep a record of all emails by BCC it to your personal email. One suggestion is to keep a journal on your 'thumb key' so that you won't be vulnerable to either viruses or your employer.

If an at will state the employer does not have a reason for termination. Any funeral home can give an excuse stating you were there at the funeral. That's the proof you were there,

Sorry, David, for the problems but try to avoid the term "wrongful termination" since that is a determination a judge makes after you have filed a legal suit. You may think the termination was unfair, unjust or just plain nasty but until you have proven your case through evidence a court can accept, your firing was NOT "wrongful

Sorry, but I can't understand your position. You start-off claiming you were a whistleblower and was terminated for THAT. Then you go on to state something about a death in the family and the company not (sic) 'reimbursing' you for mileage and motel stays. Please elaborate.

David, Did you inform them before you did not show up that you had a death in the family? When you informed them can be crucial in proving wrongful termination since most employers do require that you inform them within a half hour of the start of your shift when you are not coming into work that day. What is your employer's bereavement policy? This can also make a difference as many employers allow bereavement for immediate family (spouse, parent, child). There other issues may have been the real reason but if you did not call in on the day, it may have provided your former employer with ammunition to terminate you. I know from experience that the death of a loved one is difficult and a painful time but as an employee you have the responsibility to observe the company protocols in regards to notification of missing work. I am sorry for your loss of a family member and your job. If you believe you have a case and can show documentation to that effect, see an attorney and speak with the labor board.

If you have proof of the illegal activity that you blew the whistle on, I would get the police involved as well as an employment lawyer. Nail them to the wall from 2 directions. They won't know what hit them and you will not only get revenge but large quantities of money for their illegal actions against you for the termination. But you must consult a lawyer first.
David, Good advice form Mariah. Also have all the documentation you require to prove this wrongful termination including the information about the death. An obituary may work, but again an attorney would know best.