How can you know if your termination was legal or illegal if you’ve been fired from your job? The majority of jobs are “at will,” which implies that an employee can be dismissed at any moment for any reason or no cause at all. However, the at-will rule has certain significant exceptions—and legal remedies—that may help you maintain your employment or challenge your former employer for unfair dismissal.
What is Wrongful Termination?
Although many people who are fired believe their dismissal was “wrongful,” especially if it was done without cause, the legal definition of wrongful dismissal is extremely specific. Being dismissed for an illegal cause, such as violating federal anti-discrimination legislation or breaching a contract, is known as being unjustly terminated. Other causes for wrongful termination might include being dismissed for becoming a whistleblower, complaining about workplace difficulties, or refusing to do illegal conduct when ordered to do so by an employer.
Wrongful termination may be protected by federal or state laws against workplace discrimination, contract law if your employer broke an existing contract, or official policy if the worker was terminated in violation of the business’s policy.
Furthermore, if an employee believes he or she was compelled to quit a position because the employer made it unpleasant, the employee might pursue a wrongful termination claim for constructive discharge against the former employer. When a work environment is so unpleasant that a reasonable person would not be able to continue working there, it is called constructive discharge.
How to Determine you Were Wrongfully Terminated?
1. Written Promises
You have a solid case that you are not an at-will employee if you have a formal contract or other declaration that guarantees you job stability. For example, your job contract may specify that you can be dismissed only for good cause or for reasons specified in the contract.
2. Implied Employment
Another exception to the at-will rule is the presence of an implicit employment contract—a contract based on what your employer said and did. Because most companies are wary of making guarantees of continuing employment, this can be difficult to establish. Employers who promised “permanent employment” or employment for a specified amount of time have been found to have made implicit contracts.
3. Breach of Good Faith
You may have a claim for violation of a duty of good faith and fair dealing if your employer acts unjustly. Employers have been held to have violated the obligation of good faith and fair dealing by:
– Employees are fired or transferred to prevent them from receiving sales commissions.
– Employees are being misled about their possibilities for promotions and raises in pay.
– inventing justifications for dismissing an employee when the true purpose is to replace that employee with someone who will work for less money
– minimizing the worst parts of a work, such as the have to go through hazardous districts late at night
Losing your job may be an extremely stressful situation. Perhaps you’re enraged, irritated, or concerned about the future. But what if your dismissal was unjustified under the law? If you have any more questions regarding whether you were unfairly dismissed after reading this article, Ward K Johnson has a team of expert attorneys who can answer all of your employment-related issues and provide you with the best legal guidance.