If you’ve been fired and believe that your termination was unfair, there are steps you can take. It’s important to understand when a termination qualifies as “unlawful.” For instance, many employment situations have an “at-will” clause regarding the position. When this is the case, it’s possible for you to be fired for any reason. However, there are some exceptions you should be aware of.
Written Contracts
If you have a contract of some type of written statement, you may not qualify as an “at-will” employee. The contract may state that there must be good reason to fire you and may also list what those reasons entail. With a contract or other written agreement in hand, you have a strong of unlawful .
Implied Employment
Another way to prove that your termination was unlawful is to build up a case of an “implied” contract. This contract may not be in writing, but the statements and actions of your employer may be used to prove an implied contract. An attorney and the courts will take several factors into consideration, such as how long you were employed, the frequency of promotions and positive reviews, verbal assurances of job stability, and promises of long-term employment. Your attorney may also research the conditions of termination.
Unfair Dealings
Sometimes, employers fire their workers as a breach of good faith and fair dealings. An example of this is firing a salesperson, so the employer could connect the employee’s commissions. Other examples include making up reasons to fire an employee or firing a well-paid worker to refill the position with a lower-paid worker.
Public Policy Violations
Of course, some employers may simply fire workers for reasons that aren’t acceptable within society. These include firing an employee for taking time off to vote, serve on a jury, serve in the military, or for whistle-blowing behaviors.
If you believe that you’ve been fired wrongfully, talk to an attorney about your chances of proving wrongful termination. You may fight to get your job back or for compensation.