The last thing you want is to be fired from a job you love or don’t love but need. However, there are many reasons why you may have been wrongfully terminated. You may be able to fight the firing under the right circumstances. Here’s what you need to know.
If you feel the employer fired you unfairly, you may have a case for a wrongful dismissal lawyer. A company should deal with you fairly and in good faith. When they breach those promises, they may have fired you without good cause. An employer who plans to replace you with someone willing to work for less money isn’t acting fairly to you. Other common breaches of good faith include giving you undesirable assignments in hopes you will quit, misleading you by offering a wage increase or promotion that never comes, firing to avoid paying out commissions and not disclosing a job’s bad aspects such as operating in a dangerous situation.
In fact, the employer may be committing fraud in certain circumstances. An attorney will want proof of fraud before leveling a very serious claim. Be prepared to provide the way the company’s representation harmed you, that a false representation was made and known by managerial personnel, your reliance on the false representation and their intention to deceive you. Without this information, it can be difficult to prove fraud in court.
Unfortunately, discrimination is still common in many companies. While race and gender are the forms of discrimination most discussed in the media, they are not the only reasons someone might file for discrimination. Age discrimination is on the rise in many areas as employers look for ways to hire younger employees at lower rates. Perhaps an employer no longer wants to pay for the health benefits of someone with recent genetic information or pregnancy. Religion, national origin, sexual orientation and disability are other common forms of discrimination.
The company may be in violation of public policy in certain instances. Such firings often result because the worker went to vote, was a whistle-blower, served on a jury or failed to be paid for work done. Firing for these instances receives the ire of public policy and can result in a lawsuit. This includes being fired in retaliation for something you are legally allowed to do.
An employer can make both implied and written promises to you. A breach of a written contract by the employer could be a wrongful termination. The court may look at your job promotion regularity, promises made during hiring, employer termination violations, your performance reviews, employment duration and any assurances the company made when determining the validity of implied promises.