Unfair termination is a different name for wrongful termination, which occurs when an employee is fired illegally. Although many employees are "at-will" employees and can be fired or terminated at any time without cause, there are some important exceptions where an employee cannot be wrongfully terminated.
The type of employment determines how and for what reasons an employer can fire an employee. There are two general types of employment: “at-will” and “just cause.”
At-will employees can generally be fired for any legal reason, however, there are several illegal justifications for firing an employee that can give cause for a wrongful termination lawsuit:
An employer cannot use tools such as demotion, harassment, unjustified pay cuts, or poor working conditions to force you to quit a job. If these actions are unjustified, or motivated by the illegal justifications listed above, this could give rise to a wrongful termination action.
An employee who has been terminated in breach of an employment contract may bring a claim for breach of contract against the employer. Even some at-will employees can bring a claim against an employee who has given an employee an implied employment contract. An implied employment contract exists when the employer through his words or actions promises continued employment to the employee and the employee relies on this promise.
If you suspect that your employer had terminated you unfairly, you should contact and experienced employment attorney. A skilled attorney can help you evaluate the terms of your employment and termination to determine if you have a claim for wrongful termination. In addition, an employment attorney can interview witnesses, gather evidence, negotiate with your former employer on your behalf, and represent you in court.
Last Modified: 10-17-2017 12:07 PM PDTLaw Library Disclaimer
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