Are You Sure Your Employer Played Fair? Three Ways Your Termination May Have Been Illegal

Are You Sure Your Employer Played Fair? Three Ways Your Termination May Have Been Illegal

As you may already be aware, most employment is “at will,” which means that an employer can can hire or fire their employees at any give time for any reason at all. What you may not be aware of, though, is that there are exceptions to the rule. If any employer terminates an employee whose situation falls under one of these exceptions, they’ve committed a crime known as a “wrongful dismissal,” and can be held responsible for their actions by the wrongfully terminated employee. If you suspect that you’ve been the victim of a wrongful dismissal, consider the following questions. Did You Have an Implied Contract? An implied contract is an agreement based on what an employer said or did, and is an exception to the at will rule. However, it can be difficult to prove your termination was a wrongful dismissal if you had an implied contract, as most employers are usually careful not to promise continued employment. That being said, wrongful dismissal courts look at a number of different things when deciding whether or not an implied contract existed. The criteria these courts look at includes assurances of continued employment, duration of employment, positive performance reviews, regularity of promotions, and employer violations, like failing to provide a required warning. Did the Employer Violate Public Policy? Many state and federal laws clearly outline employer actions that violate public policy. You may have a viable wrongful dismissal case if you were terminated after taking time off to serve on a jury, vote, serve in the military or National Guard, or notified authorities of some kind of wrong doing. Did...