Wrongful Termination: Has it Happened to You ?

Have you just laid off if your job or fired with no explanation? You are very upset and feel that there is no reason for the section. The good news is, you may have legal recourse.

The first recourse is to determine whether or not you have a written contract. If you do, this contract usually is provisioned to address the issue of termination. Contracts are usually written to span a certain length of time after which employment may be terminated. If you are terminated prior to the end of this period, there may be provisions available in your contract for appropriate compensation. This compensation, however, may also be dependent on your work performance or other mitigating factors. Your contract, may also stipulate certain reasons why you may be terminated immediately. These reasons may range from the violation of company policy, to a violation of the law. If you are terminated due to any of these reasons, you may lose your legal rights to any further employment or any compensation for lost wages.

What happens if you do not have a written contract? You still might have legal recourse. It's possible that you have an oral agreement with your employer. If all terms are defined such as the length of employment, compensation, job benefits, and full description then you have an oral contract. If you are fired before the end of the terms stipulated by your oral contract, you may have a cause for action. If this is the case, you are also responsible for proving that this oral agreement is in existence and can be withheld in a court of law.

In most employment situations, employees are considered "at will employees." In general, this type of employee can be fired or terminated for no specific reason. There is also no time limit on their length of employment. This also means that this type of employee can quit at any time with no upfront repercussions. This discussion is also important to recognize the laws that protect employees from being terminated based on their race, sex, creed, or age. In the event that an employee can prove they have been terminated based on one of these criteria, there are numerous federal and state laws that can help provide a path to compensation. Granted, this path may not be easy but it is there to protect you. Regardless if you are the one hiring or being hired, it is always a very important to know the appropriate laws and your state/country.