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Wrongful Termination

It is an unfortunate reality that companies regularly fire employees for various reasons. The majority of employment is considered at-will, which means that employees can be terminated at any time for any reason as long as that reason is not illegal. The intent of at-will employment is to create a situation where companies can terminate an employee quickly and with minimal disturbance to the company’s bottom line in order to avoid costly litigation or a drawn-out process that can affect the morale of other employees.

While at-will employment is beneficial to an employer, it also has benefits to employees by giving them the freedom to easily leave a job that is not suited to their preferences. But there are situations that exist in which at-will employment is not applicable to certain employees, and when these individuals are terminated, they may have cause for wrongful termination.

Employment Contracts Offer Guarantees

If an employee has been terminated under an at-will rule but there is a signed employment contract, it is very likely that that employee was not an at-will employee and was wrongfully terminated as such. A written employment contract is considered a form of guaranteed employment as long as all of the stipulations and provisions of the contract are adhered to by the employee.

If an employee violates the terms of the employment contract then their termination is justified and legal. However, if the employee abided by the terms of the employment contract yet was terminated without sufficient reason, they might have cause for legal remedy.

Know What You Are Signing

Each employment contract has different wording and it is important that an employee reads through all of the details of their contract and completely understand what they are committing to prior to signing it.

Implied Promises Can Be Legally Enforced

There are also situations that can arise in which an employer has made an implied promise to an employee which can create an exception to the at-will employment rule. While implied promises are much more difficult to prove than the detailed wording in an employment contract, they can be used to hold employers accountable under certain legal situations.

If an employee has been promised employment for a certain period of time or if the policies and procedures set forth by the company imply continued guaranteed employment as long as certain behavioral conditions are met, there may be a case for wrongful termination if the employee was fired under an at-will rule.

In the absence of a signed employment contract, employees who feel they were given an implied promise of work but were terminated under at-will rules should consult with a local attorney who specializes in labor law to see if they have recourse under wrongful termination laws.