Law of Unfair Termination

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Most Common Employment Law Issues:

Law of Unfair Termination

Wrongful termination occurs when an employer fires an employee for an illegal reason, and as a result, the employer commits a private wrong (i.e. a tort). Examples include breaching an employment contract and violating a civil rights law. The illegality of the firing depends on the nature of the employment contract.

At-Will vs. Just Cause Employment

There are two types of employment contracts – at-will and just cause.

“At-will” means the employee can quit at any time, and the employer can fire the employee for any or no reason whatsoever. Most employment contracts are at-will.

On the other hand, a “just cause” contract is one where the employer can only fire the employee when he has a good reason to do so. A just cause contract does not need to be in the employment contract alone; a clause written in the employment manual may be enough. Also, firing an employee before a contract is up is considered wrongful termination.

Discrimination by an Employer

There are federal laws to prevent employers from firing you based on:

If you believe that you have have been fired or discriminated against in the workplace based on any of these factors, then you should consult an attorney to protect your rights.

Constructive Dismissal

An employer cannot force you to quit a job. For example, an employer cannot change your work environment to make it unbearable or hostile, and they cannot lower your pay and working conditions in an effort to make you quit.

Whistle Blowing and Retaliation

Whistle blowing occurs when an employee reports his company is involved in some misconduct or wrong. However, his employer cannot fire him for making that complaint.

How Can a Lawyer Help You?

A lawyer can help you negotiate money damages from your former employer.

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Last Modified: 12-14-2013 03:25 PM PST

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