Wrongful termination is the term for firing an employee illegally. In most cases, the employer has the complete right to fire their employees at any time, for any reason, as long as the reason is not illegal. So, here’s what you need to know if you want back your job or want to sue your employer for wrongful termination.
If you signed a contract at the beginning of your employment that guarantees job security or makes similar promises, you have a strong claim.
Regardless of the written contract, your employer may have verbally agreed or implied continued employment. This type of promise is difficult to prove because most employers are careful in making such statements. There are a few things considered by the legal system when determining an implied contract, such as duration and regularity of employment, history of good performance, assurance for permanent employment, negligence for providing warnings, or promise of long-term employment at time of hiring.
There are many different ways an employer can terminate you wrongfully, but a breach of contract (as stated above) is one of the two main ways an employer exploits their rights. Other reasons are breaches of good faith and fair dealing, such as firing or misleading employees to avoid promotion or bonuses, violation of public policy, such as unfair salary deductions or withholding commission or vacation pay, discrimination, such as firing due to race, color or religion, and lastly defamation, such as the employer making false statements against you.
If the activities of your company are unlawful and harm public interest, you are in your complete right to disclose these activities to the right authorities. Depending on the state you live in, there are many laws that protect whistleblowers.
If you have been wrongfully terminated by your employer or are receiving unfair treatment at work, contact Gilleon Law Firm for a free consultation.