Were You a Victim of Wrongful Termination?
Have you recently been laid off or fired from your job? Here is another question- Do you know if your termination was legal? Were You a Victim of Wrongful Termination? A vast majority of employment contracts are “at-will” (meaning the employee or employer can end the relationship at any time, and under any circumstances), there are some very important factors that you need to be aware when trying to decide if you have been a victim of wrongful termination.
When an employee claims wrongful termination against their formed employer, he or she is under the impression that the firing breached a contract with their employer or possibly a public law. If an employment contract requiring termination for a cause was in place and they were fired, that employee may sue for arbitrary discharge ( being fired without reason). In most cases of wrongful termination claims occur under the umbrella of “at-will” employment contracts. In this situation, the terminated employee can sue for wrongful termination if they can provide an implied contract for permanent employment along with the arbitrary discharge (being fired for no reason). The employee may choose to base his/her claim on public law, the most common claim under public law is that termination occurred because of discrimination or whistle-blowing. If an employee is fired because they refused to break the law, the employee can sue their employer for wrongful termination.
My Employer Promised Not to Fire Me:
In most instances, written and implied contracts are created between the employee and employer. Obviously, if you have a written contract with your employer, this will strengthen your argument when suing for wrongful termination. For example, if you signed a contract that states your employer would need a valid reason to terminate you. If you have a document of this type, it can be used to support your case for wrongful termination.
Implied contracts on the other hand, are more difficult to prove. This could be a verbal contract between you and your employer. These types of contracts are hard to prove or enforce because there is no written document to support your claim. It is your word over his situation. When trying to prove an implied contract exists, factors to be considered such as the length of your employment or any bonus or promotions you may received.
My Employer is in Violation of Public Policy or Law:
Termination cases wherein an employer violates public policy or law are much stronger. In the case your employer fired you for an illegal reason such as whistle-blowing, discrimination, absence due to public policy (i.e. jury duty), or defamation of character, you may have a valid claim. If you are under the impression that you were fired due to any of these reasons, you should contact the professional staff here at Jones Brown Law PLLC.
Contact Jones Brown Law
Working environments can be chaotic and complex. The law offices of Jones Brown wants to make sure you are aware of your rights as an employee or employer. If you feel you have been wrongfully treated at work or on a job, our experienced attorneys know exactly what to do. Here are some common examples of employment law:
- Collective bargaining
- Employment discrimination
- Employee Retirement Income Security Act (ERISA)
- Unemployment compensation
- Workplace safety
- Worker’s compensation
At the law offices of Jones Brown, we pride ourselves on principles of honesty, hard work, fair dealing and compassion in our representation. Our attorneys and staff are committed to adhering to a strict code of professional ethics. We dedicate ourselves to our clients’ best interests and making the legal process as painless and simple as possible. CLICK HERE to contact Jones Brown now.