Being fired from your job is one of the worst things that can happen to anyone. How can you determine if your termination was legal or illegal if you have been fired? Most jobs are “at will,” implying that an employee can be fired at any moment, for any reason, or no reason at all – as long as it is not illegal. However, several important exceptions to the at-will rule and legal remedies may allow you to keep your employment or challenge your former employer for wrongful termination. Talk to an Austin employment attorney to learn more about wrongful termination.
Written promises
You have a strong case that you are not an at-will employee if you have a formal contract or other statements that guarantees you job stability. For example, you may have an employment contract that states that you can be fired only for a good reason or for reasons specified in the contract. Alternatively, you may have an offer letter or other written agreement that gives assurances regarding your future job. If this is the case, you can enforce such agreements in court.
Implied promises
Another exception to the at-will rule is the existence of an implicit employment contract—an agreement based on what your employer said and did. This can be challenging to prove since most firms are wary of making promises of future employment. However, implicit contracts have been identified where companies pledged “permanent employment” or employment for a certain amount of time or where employers specified specific types of disciplinary measures in an employee manual.
Courts consider several factors when determining whether an implied employment contract exists, including:
- Length of your employment
- Whether you were promised long-term employment when you were employed
- The frequency with which job promotions are made
- Whether your employer’s firing of you violated a common employment practice, such as failing to provide a needed warning
- A track record of favorable performance reviews
- Guarantees that you will continue to work
Wrongful termination due to a medical condition?
Discrimination in the workplace is illegal under federal and state law. The laws would differ from one state to the next, but the law generally provides worker protection. The Fair Employment and Housing Act (FEHA) prohibits employers from discriminating against you because of a medical or perceived medical condition. Discrimination in the workplace can involve any adverse job action, such as firing or termination. Employers with at least five employees are subject to FEHA. If you believe you have been subject to wrongful termination, talk to an experienced attorney today.
