Am I eligible to file wrongful termination litigation against an employer as an Independent Contractor.

Asked almost 5 years ago - New York

I was hired by a consulting firm to do support member of an activation of an informatics implementation project at a hospital in NY. (The company is based out of Ohio). I am well qualified and provided the job exemplary (per my judgement). Into week one of the 3 week project I was terminated with because I did not know the product. They never offered any specific explanation. I was then (per terms of the contract) expected to pick up the total cost of my return back to Florida. In the meanwhile they kept individuals that were far less eqipped to prepared and experienced than I was. (The hired about 200 consultants). Because of my expertise, I was one of the better paid. The outcome of the termination was very costly. I was the only "fit" person that was terminated in this manner. I am

Additional information

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I am over 50 years old, and a Hispanic woman. Do I have cause to (minimally) consider litigation against this group? I could bring others to this action.

Attorney answers (2)

  1. Ronald David Coleman

    Contributor Level 10

    Answered . The claim you describe may not technically be a "termination," because you are a contractor, but you do seem to have raised enough questions here that a visit to a plaintiffs' employment law attorney (even though you were a contractor -- he or she will understand this and also be familiar with the applicable law) in New York would be well advised.

  2. Alan James Brinkmeier

    Contributor Level 20

    Answered . If you are an at-will employee, you can be fired for any reason or no reason, except unlawful discrimination. If you do not have an employment contract or union to represent you, your recourse is limited. Discrimination based on age, gender, race, religious beliefs etc.... may give rise to a different answer. Gender, age, religious belief, race etc. all are discriminatory reasons for which you cannot be legally fired and upon which you might base a wrongful termination suit.

    You might find my Legal Guide helpful "Workplace Discrimination: A Basis for Wrongful Termination Claims"

    http://www.avvo.com/legal-guides/ugc/workplace-...

    You might find my Legal Guide helpful "How to Choose a Lawyer for you.”

    http://www.avvo.com/legal-guides/ugc/how-to-cho...

    You might find my Legal Guide helpful "What Do I Tell My Lawyer"?

    http://www.avvo.com/legal-guides/ugc/what-do-i-...

    No one can know what the record is in the case because online we cannot find out any details. If you have a discrimination theory about retaliatory discharge or hostile workplace conditions you'll need a lawyer. Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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