Do you feel like you were wrongfully fired from your job? In this case, you may be able to challenge the grounds of termination. You may be able to keep your job or sue your former employer for this wrongful termination.
If you have a written contract or another statement that promises you job security, you then have a strong argument on your side. This shows that you are not an at-will employee. An at-will employee may be fired at any time for any reason.
Another exception to the at-will rule is implied promises. If there is an existence of an implied employment contract, an agreement based on things your employer either said or did, you may be able to do something about it, but often times, this is difficult. This can be very difficult to prove. Most employers are careful to not make promises of continued employment. Implied contracts have been found in situations where employers have promised permanent employment or employment for a specific period of time.
To make a decision about whether there was an implied contract or not, the court will look at a variety of things including the duration of your employment, regularity of job promotions, history of positive performance reviews, assurances that you would have continuing employment, whether your employer violated a usual employment practice in firing you, and whether promises of long-term employment were made when you were hired.
If you were treated unfairly by your employer, there is something that you can do about it. You may have a claim for a breach of a duty of good faith and fair dealing. The court will judge in your favor if the firing or transfer of your position has prevented you from collecting commissions, if an employer has mislead you about the opportunity for a promotion, if you were replaced by another employer just because that individual was willing to work for lower pay, or if the employer is always transferring the employee to dangerous or undesirable assignments as a way to push that employee to quit.
The court will judge differently depending on what state you live in. Some go according to contract only and do not take the above-listed into consideration.
Some states will also protect employees from being fired for very specific reasons. If you took advantage of a legal remedy or exercised a legal right, an employer cannot fire you.
According to NOLO, if you believe you were fired because of your race, color, national origin, gender, religion, age, disability, pregnancy, or genetic information, you should talk to a lawyer right away. You cannot get fired due to discrimination.
Employers also cannot fire an employee as a form of retaliation. If you feel that this is the reason that you were fired, you will have to try to prove it. Check out the source below for information about how you will need to prove this.
There are several other wrongful ways that an employer could fire you. Check out the source below for further detail. If you believe that you were unfairly fired, contact a lawyer!