Most employees are hired “at will” by a company, which means that an employer can fire an employee at any time and for any legal reason. However, if the employer fires you for an illegal reason, known as wrongful termination, you will have legal standing to sue your employer for wrongful termination. You will also have standing to sue if you are not an at-will employee and your employer violates your contract by terminating you without good cause.
If you are not an at-will employee, generally your employer can only terminate you for either good cause or for reasons stated in your contract.
However, the courts may determine you are not an at-will employee if the employer has made implied promises that you are not. Courts have looked at different factors in evaluating the nature of the employment:
While the laws regarding at-will employment may seem unfair, there are numerous types of wrongful termination that give at-will employees grounds to sue. They include:
Employers can legally fire you for a variety of reasons, such as showing up late to work repeatedly or bad performance reviews. However, if the reason is either illegal under federal or state law or is not good cause if you are not an at-will employee, then you have legal recourse for your wrongful termination. You need an employment lawyer to help you navigate the wrongful termination claims system, investigate your case, negotiate settlements, and advocate for your side at trial.
Last Modified: 10-03-2016 02:39 PM PDTLaw Library Disclaimer
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