If you were dismissed from your job without cause, you may have a valid claim of wrongful termination against their employer.
The standing of your claim against your employee depends on whether you were an at-will employee or a contract employee. Generally, employers can terminate at-will employees for any reason or no reason at all. However, terminating employees due to discrimination or other illegal reasons is prohibited. Employees who signed an employment contract may have greater protections than at-will employees. However, rules for terminating employees depend on the employer’s company policies and the terms of the contract. Some common termination provisions include:
Employers who fail to abide by the provisions of employment contracts will be liable for breach of contract as well as wrongful termination.
Even if you are an at-will employee, you may have a case for wrongful termination if you are terminated after receiving promises of continued employment. Promises by the employer of continued employment form an implied employment contract. An implied employment contract must be made by the employer through oral assurances, or by expectations created by employer handbooks, policies, or other written assurances. Evidence that might support your case include:
In addition to breaching an employment contract, there are other ways an employer’s action can give rise to a wrongful termination claim. Some of these include:
If you think you were wrongfully terminated by your employer, it is best to consult an employment lawyer immediately. A skilled employment attorney can help you evaluate your claim. They may also be able to file the necessary court paperwork, negotiate settlements, and advocate for you in court.
Last Modified: 12-01-2017 04:16 PM PSTLaw Library Disclaimer
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