Anyone who has been “fired” from a job knows the misery that comes with it, especially if they have been working for the company for many years. While most states apply the “at will” rule when it comes to firing, there are some exceptions. “At will” means that anyone can be fired at any time, even without reason. In the face of possible wrongful termination, more is needed on this rule and see if it was possibly illegal to be eligible and receive compensation.
Additionally, it is critical to have wrongful termination attorneys who specialize in the field and can guide the employee. It can mean the difference between having a promising future with or without the company.
Do you have a contract?
First, anyone with a written contract or other statement that offers a promise of job security has a strong case for not being an “at-will” employee. Wrongful termination attorneys can enforce any written promise in court.
An implied contract that is based solely on what an employer tells the employee may be another exception to the “at will” law. Although it is difficult to prove, it can be a solution. Wrongful termination attorneys will consider:
• duration of employment
• any job promotion
• positive performance reviews
• durable employment insurance
• not giving warning if indicated in a manual, or similar violations
Breach of good faith
This is another way that an employer possibly treated the client unfairly. The breach of a duty of good faith and fair treatment is a case in which the court has found evidence of wrongful termination.
In some cases, they have fired or transferred an employee to prevent him from earning commissions, misled him when it comes to promotions or salary increases, or made up reasons to fire him to replace the employee with someone who will have a lower salary. .
Violations of public policy
Wrongful termination attorneys know that it is totally illegal to violate public policy by firing an employee. However, before a wrongful termination claim can be based on this, most courts have some requirements. Get fired for:
• deny employees vacation pay or earned commissions.
• Dismissal for taking time off to serve as a jury or to vote
• Termination for military service
Discrimination is another great reason to hire wrongful termination attorneys. No employer may fire an employee on the basis of skin color, race, national origin, gender, religious preference, age, pregnancy, disability, or sexual orientation; even if you are an “at will” employee.
There are special steps to take in the event of discrimination, so it is important to contact an attorney immediately.
Believe it or not, there are many extreme cases where the reason for terminating an employer is so dire that it is classified as fraud, which is most often seen in the hiring process.
The hardest part of having proof of fraud is being able to show that the employer did the act for a purpose and was planning to mislead the employee. Documentation is key and should include who, what, when, where, and why the falsehoods were made.
Defamation of character
Hiring defamation wrongful termination attorneys is one way to protect an employee’s reputation and goodwill within the community. When trying to prove that the defamation was related to the termination, the employee has to show that terrible and false statements were made that would inhibit the employee from finding a new job elsewhere.
In either case, the key is to align yourself with excellent wrongful termination attorneys and take notes. Having the proper documentation of each incident can help a person save their career or secure their future.