Tips To Avoid Wrongful Termination
Anyone who has been “let go” from a job knows the misery that comes along with, especially if they’ve been working for the company for many years. While most states carry the “at will” rule when it comes to firing, there are some exceptions. “At will” means that anyone can be fired at any time, even for no reason. Upon possible wrongful termination, it’s necessary to know more about this rule and see if it was possibly illegal to be eligible and receive compensation.
Here are some tips to avoid wrongful termination.
Have A Contract
Anyone who has a written contract or another statement that offers a promise of employment security has a strong case for not being an “at will” employee. Wrongful termination lawyers may be able to enforce any written promises in court.
An implied contract that is solely based on what an employer says to the employee may be another exception to the “at will” law. Though hard to prove can be a solution. The wrongful termination lawyers consider; the length of employment, any job promotions, positive performance reviews, assurances of lasting employment and a failure to give a warning if stated in a manual, or similar violations
Breach Of Good Faith
It’s is another way in which an employer possibly treated the client unfairly.In some cases, they’ve fired or transferred an employee to keep them from gaining commissions, misled them when it comes to promotions or wage increase, or made up reasons for firing to replace the employee with someone who will have a lower salary.
Violations Of Public Policy
Wrongful termination lawyers know it’s totally illegal to violate public policy when letting go an employee. However, before a wrongful termination claim can be based on this, most courts have some requirements. Being fired for; denying employees earned vacation pay or commissions, for taking time off for jury duty or to vote, termination due to serving in the military, or whistleblowing
Discrimination is another huge reason for hiring wrongful termination lawyers. No employer can fire an employee in regards to skin color, race, nationality, gender, religious preference, age, pregnancy, disability or sexual orientation; even if they are an “at will” employee.
The most difficult part of having proof of fraud is being able to show that the employer did the act with purpose, and was planning to trick the employee. Documentation is key and should include who, what when where and why the falsities were made.
Defamation Of Character
When attempting to prove that defamation was related to being fired, the employee has to show that terrible and false statements were made that would inhibit the employee from finding new employment elsewhere.