Employment Promises: When Do You Stand A Legal Chance To Challenge Your Firing
Posted By admin on May 16, 2012
Have you recently been fired and want to challenge it in court? Want to know if you challenge your termination? After all, was the termination legal or illegal? The majority of employment is “at will”, meaning an employee can be fired for any reason or no reason… at any time! That is, unless, the reason is considered illegal.
There are, however, some exceptions to this rule, and legal remedies too, that can either assist you in getting your job back or sue your previous employer for wrongfully terminating you.
You Have A Written Promise
Did you sign a contract or other statement that assures you have job security? If so, then you have a solid argument in court against being an at-will employee. For instance, you sign an employment contract that says you can only be terminated for either good causes or reasons laid out in the contract. Or, there’s documentation that promises you’ll have continued employment. Should you have these documents, you can enforce them in a court.
There’s Been An Implied Promise
Implied promises are based on words or actions your employer stipulated, which is another exception to the rule. However, implied promises are often harder to prove because the majority of employers try not to make continued employment promises. However, implied contracts are generally found in instances that employers have promised long-term employment or employment for a set period of time.
The courts generally look at several things when taking into consideration an implied contract:
- How long is the employment
- How regular were job promotions
- History of positive job performance reviews
- Assurances you were made for continued employment
- Possibility of violation of a normal employment practice – do not give you warning
- Long-term employment promises made upon hiring
Did Your Employer Breach Good Faith and Fair Dealing
If you believe your employer did not act fairly, you could have a claim against them for breach of good faith and fair dealing. Courts find employers breach this if they do any of the following five things:
1 – Fired/transferred employees to keep them from obtaining a sales commission
2 – Misleading employees about promotion chances and wage increases
3 – Lying about the real reason for an employee’s firing, which involves replacing them with a person who will work for less pay.
4 – Not explicitly letting an employee know about a job’s particulars.
5 – Constantly transferring employees to dangerous, remote or undesirable assignments in the hopes they will quit without getting a severance pay or other benefits.
There are some courts that don’t recognize this exception to the at-will employment. Plus, some states demand a valid employment contract exists before an employee can sue his/her employer for a good faith and fair dealing breach.