Are you stuck on determining whether your termination was legitimate or illegitimate? In most organizations, an employer can fire a worker at any time with or without a valid reason. However, in some instances, the "at will" isn't applicable. Here are several situations in which you can sue your employer for wrongful termination.
1. Breach of Good Faith
If an employer acts unfairly, you can sue them for a violation of good faith. Employers can breach the duty of fair dealing in various ways including:
- Transferring or firing an employee to deny them their rightful sales commission
- Offering the wrong advice to an employee regarding a specific job
- Misleading workers about the likelihood of promotions and salary increment
- Continuously transferring workers to dangerous and remote areas
Some federal courts include fair dealing and good faith in the at-will employment. Also, some states require you to have an original employment contract before you sue an employer for breach of good faith.
2. Public Policy Violations
Employers ought to have genuine reasons when firing an employee. The law prohibits them from violating public policy during the termination. Before a court allows your wrongful termination lawsuit, there has to be an existing law concerning public policy. You can sue your employer for public policy violation if they fire you for serving in the National Guard or take a break to vote.
3. Written Promises
Some firms promise their employees' job security through written contracts.it is useful in a wrongful termination case if you do not work as an at-will worker. For instance, you might have an offer letter that promises about continued employment. You can enforce them in court.
Employers are prohibited from firing at-will employees for discrimination. Consult an experienced lawyer if you believe your employer discriminated you based on your color, age, gender, genetic information, disability, and pregnancy. Nevertheless, it is prudent to file a discrimination complaint with a federal agency before you make a wrongful termination claim.
Most American employees are at-will workers. Employers can fire them at any time. However, you can sue your employer if they fire you based on disability, discrimination, and retaliation.