Did the Employer Act in Good Faith and Fair Dealing?
The courts usually look at a few different things when they determine if an employer broke the good faith and fair dealing laws by firing someone without warning. It’s not always black and white.
Definitions: In employment law, good faith and fair dealing generally refers to the implied obligation of employers and employees to act fairly and honestly in their interactions. This means that neither of the parties should act in a way that deprives the other party of the benefits of their agreement or employment relationship. Examples of this may include an employer that misleads an employee regarding promotions or raises or an employee who sabotages company property.
You might just see that some businesses try to avoid paying sales commissions by firing or moving employees to another department right before those commissions get paid. If your employer lets you go or suddenly moves you, primarily to prevent you from earning the commission you deserve, that’s seen as acting in bad faith. You could have a case for wrongful termination or breach of contract if this happens to you.
Some employers also stretch the truth about promotions or raises. That might mean that they make promises they know they can’t keep or they give you some misleading facts about how likely a promotion or raise is. If you end up missing out on money or career moves because your employer misled you, you could also have a legal claim for damages or other remedies. Watch for any signs that your boss isn’t being completely clear about these opportunities.
Employers may also cover up the real reason for letting someone go because they want to replace them with someone willing to work for less money. If you can show that you were fired so your company could hire a less expensive replacement, you have grounds for a wrongful termination or breach of contract claim.
You also want your employer to be honest about the job you’re taking on. That means any downsides or challenges that come with the role. When a company chooses to hide the facts about problems with the job they aren’t holding up their end of fair dealing. If you walk into a new position and then bump into unexpected challenges or dangers that weren’t shared with you, you could end up dealing with extra stress or even losing money. In some situations, you could be entitled to legal remedies if your employer didn’t give you a picture of what to expect.
Eligibility: Eligibility for wrongful termination protections will often depend on factors including employment status, such as being a contract employee vs. an at-will employee, the existence of an employment contract, and the applicable federal and state laws. In general, an employee who has an employment contract or who is covered by a collective bargaining agreement may have greater protections against termination than an at-will employee.
Certain employee classifications, for example, probationary or temporary employees, may have limited or no protections against termination without case, depending on the laws that apply and the specific circumstances.
Does The Firing Without Warning Show Any Discrimination or Violations of Public Policy?
Your employer can’t legally fire you for any reasons that go against public policy or are discriminatory. The state laws will spell out what counts as a public policy violation. So, if you get let go for just one of these reasons, you could still have a wrongful termination case.
Some of the laws also protect whistleblowers. If you lost your job because you reported an illegal activity or refused to do something unlawful, you might have some added protection.
If your employer let you go because of your race, religion, color or gender, you might have a strong case for discrimination. The same also applies to sexual orientation, pregnancy, or disability.
Was It Due to Retaliation or Whistle-blowing?
Your boss can’t legally fire you for speaking up about something wrong at your work. If you report problems like safety dangers or harassment within your company or through another agency, you’re also protected under the law.
The same thing still goes if you let someone know about the hazardous or unsafe activities at your workplace.
If you’ve been fired after reporting any of these problems, you may have a wrongful termination claim against your employer.
What Are Some Warning Signs of Termination?
You might just see a few red flags before a possible termination, even if every workplace is different from the others.
When your boss is always unhappy with how you’re doing your work, that’s a real signal that your job could be on some shaky ground. You might hear some negative feedback, get more critical comments, or see some poor marks on your performance reviews. If this is happening to you, don’t wait too long to address it. Go ahead and ask your boss what you need to do differently. Ask for some clear examples and try to put together a plan to help with the areas where you’re struggling.
If you’ve also been disciplined for breaking company rules, you’re looking at another warning sign for your job. If that means you’ve received a written warning or a formal reprimand, things can still turn around. If you’ve been put on a performance improvement plan, you can still make positive changes. Make sure that you follow the laws closely, adhere to company procedures, and also show that you’re committed to fixing any problems.
You can also watch for the times when you’re suddenly not invited to meetings or not asked to join the projects you usually manage. When this happens to you, it may mean that your position is shrinking or that responsibilities are being taken away from you. This could be your employer making plans for your eventual exit. When you bring up your concerns to your boss, say that you’d still like to stay actively involved in the work and meetings that matter to your usual tasks.
You might get demoted or see that your workload shrinks quite a bit over time. Maybe you’ve been given a new, lower-level position or just have less work from day to day. These changes can be warning signs, too. Have a conversation with your boss about what has changed and why it happened. Then, focus on improving how you work and make sure that you show how helpful you are to the team.
If your boss cancels your one-on-one meetings or puts them off without explanation, you might see them stepping back from your professional growth. That distance could be a sign that your job isn’t as protected as it was before. Try to reschedule when this happens to you, ask for some feedback to help you improve, and keep the communication going as much as you can.
When you find these kinds of warning signs, you have a chance to help with the problems early and show your boss you’re taking some important steps to improve at work.
What Steps Should I Take if I Am Fired Without Warning?
Process/Steps: There are some steps an individual should take if they are fired without warning. It is important to father any relevant documents, which includes an employment contract, if there is one, performance reviews, and any written communication regarding the termination. Those documents can be reviewed to determine if the termination was lawful.
It is also important for an individual to document the details of their termination. This includes the date, time, and the reason, if any, they were provided.
An individual should then consider reaching out to an employment lawyer for information on their legal options as well as any potential claims they may have.
Evidence/Documents: In addition to the employment contract, other important documents in wrongful termination cases may include emails, memos, performance reviews, and other written communications regarding the employee’s job performance or termination. Witness statements from coworkers who observed the events that led to the termination may also be helpful.
If the termination was alleged to be discriminatory, any evidence of discriminatory actions or remarks by the employer or other employees may be relevant. Documentation of lost wages and benefits that resulted from the termination can also be helpful when calculating damages.
What Are Some Considerations Related to Fired Without Warning Claims?
Timelines: The timeline for filing a claim for wrongful termination will be determined by the applicable statute of limitations. This will vary depending on the legal basis for the claim as well as the jurisdiction.
For example, a claim of discrimination may have to be filed with the Equal Employment Opportunity Commission (EEOC) within a specific timeframe, often 180 or 300 days from the date of the alleged discrimination. If an individual does not meet the required deadline, their claim may be barred. Because of this, it is important to reach out to a lawyer as soon as possible to understand the applicable deadlines in the jurisdiction.
Costs/Fees: The costs that are associated with pursuing a wrongful termination claim may vary significantly based on the jurisdiction, the complexity of the case, and the fee structure of the lawyer. Examples of common expenses may include attorney’s fees, filing fees, expert witness fees, deposition costs, and other types of litigation expenses.
A lawyer may work on a contingency fee basis, which means they will not be paid unless they win the case. Other lawyers may charge an hourly rate. It is important to discuss any potential fees and costs with a lawyer up front in order to understand the financial implications of pursuing a wrongful termination claim.
State Variations: The state laws related to good faith and fair dealing may vary significantly. Some states recognize an implied covenant of good faith and fair dealing in all contracts, which includes employment contracts but other states do not.
In the states that do recognize this covenant, an employer may be liable for a breach of contract if they act in bad faith or act unfairly in their dealing with an employee. The specific requirements and remedies for a breach of this covenant may also vary by state.
It is important for an employee to consult with a local lawyer to understand the specific laws in their jurisdiction.
Risks/Penalties: There are potential risks for employers who wrongfully terminate employees, including legal liability for damages, which may include lost wages, benefits, and emotional distress. An employer may also have to pay punitive damages if their misconduct was egregious.
In addition to financial penalties, an employer may also face decreased employee morale and suffer reputation damage. If an employer is found liable for wrongful termination, they may have to pay legal fees or other litigation expenses. An employer may also face a government investigation and penalties if the termination violated anti-discrimination laws or other types of employment regulations.
When It Is Important to Hire a Lawyer: Trying to handle a wrongful termination case without having legal termination can create several pitfalls. Employment law is very complicated and an individual may not be familiar with the applicable laws, regulations, and procedures.
An individual may also lack the legal expertise to properly investigate their case, gather the necessary evidence, and present the best evidence in court. In addition, an individual may be at a disadvantage when trying to negotiate with an experienced attorney who is representing their former employer.
Failure to properly present a case or missing important legal deadlines may result in the loss of valuable legal rights and remedies.
Should I Hire a Lawyer if I’ve Been Fired Without Warning?
If you think that your employer let you go for an illegal reason, you should look at the employment contract you signed. Your contract can also help you figure out if the firing counts as wrongful termination.
If it still seems like your employer has crossed a line, you should talk with a wrongful termination lawyer. A lawyer can tell you about what comes next and help you put together a case. They’ll be there to support you through the process.
