Can you sue for wrongful termination in a right to work state?
You cannot sue for wrongfull termination in a right to work state if you are trying to claim you were wrongfully terminated for xyz reasons, because you can be terminated for any reason. As long as it can be shown by employer it wasn't for any reason protected by dicriminatory things. The verbage in a reason for a lawsuit is important. That's why employers never state the actual reason for termination on the pink slip. Everybody and their dog in the office may know you got fired for theft, but the pink slip will say only violation of company policy.
If you have documentation that there have been unfair and inconsistent managment practices and prove that without alluding to why you were fired, then go for it. journals as an employee are imoportant if you ever face this. Documentation is everything.
On 7/1/01 so and so manager said this to me or told me I could or couldn't do this.
etc 7/2/02 so and so manager allowed empoyee x to do this. Told me on previous entry I could not
etc
etc
Establishes trends of discrimination, unfair practices, harassment, hostile work environments, etc. But, you have to prove it affected you negatively or you didn't want to come to work.
That's why I also kept my own journal on everything I would speak to an employee about even if it was just a verbal conversation.
For any of these fired employees in a right to work state, winning a judgement will be difficult in an unbiased courtroom. One would have to show the company was unfair and inconsistent allwoing other employees to publically post vile trash similar to the Kirk postings but from other political or moral stances without repurcussion. Using a post from employee Y that only says I didn't agree with him but he had a right to it and shouldn't have died would not be supportive evidence and likewise should not be fireable because it did not celebrate nor support nor encourage violence against an individual.
The obstacles in such a law suit are companies are not the .gov and have a broader umbrella in these issues, and in right to work states only need to show that employees public proclamations were a detriment to their business. If the plaintiff clears that hurdle, they have to prove all these other items of unfairnaess, harassment, hostile environments, etc., and that road gets even tougher. Best course of action is to keep your vitriole verbal and within the confinces of your circle. Once you are dumb enough to post your stances eternally to the world and as an employee you damage your employer, you are holding the short stick. If you were spewing garbage that contained hate and calls of violence you yourself can very well be charged with hate speach that the left itself has created an opening for using thinking they would silence consevatives. Their own weapon is the dagger in their heart.
