Employment Discrimination Lawyer
You have ever been fired from a job, you may have questions about whether the termination was legal or illegal. Because most employment in the United States at will, most employees can be fired at any time for any reason, or no reason at all as long as the reasoning is not illegal. There are some exceptions to the at will rule and there are legal remedies that can help you with your job or sue for unlawful termination.
However you may have questions about what you need to have to prove that you were wrongfully terminated when you retry to your employment discrimination lawyer, such as the ones available at Eric Siegel Law.
If you have a written contract or some other statement that promises job security and it is in writing to you are going to have a strong argument that you are not an at will employee, and your employment discrimination lawyer and used us to prove that you were wrongfully terminated. One such example is that you might have an employment contract which states that you may only be fired with good cause or for reasons specifically identified in the contract. You could also have a letter or another type of written document that promises continued employment, and if this is so than your employment discrimination lawyer may be able to force your place of employment to honor the written statement.
If you do not have a written statement, you may have something called an implied employment contract. This is essentially an agreement which consists of things your employer has said and done and is considered to be another exception to the at will rule. This is often the most difficult truth because employers are going to be very careful about not making promises of continued employment that can be later used against them in court. Implied contracts have been found where permanent employment or employment specific set period of time has been used in court before.
When your employment discrimination light-year is to writing whether an implied employment contrast is existing, they are going to be aware that the court looks at the duration of your employment, irregularity of job promotions within the company, your history of positive performance reviews, assurances that you would’ve continued employment, whether the employer violated an employment practice and firing you, whether promises of long-term employment were made when you are hired. All of these things are things at the core it’s going to look for when determining if an implied promise exists and employment discrimination happened.
Breaches of Good Faith
Has your employer acted unfairly? If so when it is determined to be simply both you ointment discrimination lawyer and a court, you may have a breach of duty of good faith and fair dealing. Courts have been found to find that employers of the duty of good faith and fair dealing when they fire or transfer employee’s to prevent them from collecting payments, of misled employees about chances for promotion or wage increases, fabricated reasons for firing an employee when the real motivation is to replace that person with somebody that will work for lower pay.