You should know your rights as an employee. You must know the legal standards on getting terminated to know if your employer terminated you legally or illegally. This way, you can find a way to keep your job or sue your boss through Wrongful Termination lawyer.
Most workers are “at will” employees, which mean employers can fire them for any reason at any time.
Written Contract
If you have signed a written contract with your employer where you are promised to keep your job for a certain period of time and that you can only be fired for reasons indicated in the agreement, then you have grounds to challenge your termination. This is one of the best exemptions to the “at-will” rule.
Implied Promises
If your employer has said or done things that implicates you are promised to keep your job or that you will only be fired for particular reasons, then you can challenge your termination and the “at-will” rule will be void. The things that will be considered to determine if there were implied promises are – how long you have been employed, your regularity, positive performances, assurances of your employment, if you were fired out of the usual practice (like giving you a fair warning before getting fired), and if there were promises made ensuring your long-term employment.
Good Faith and Fair Dealing
You can also file for breach of good faith and fair dealing if you believe your employer fired you unfairly. If you were fired so that you won’t get commission, promoted, or increase your wage, then you can file for breach of good faith and fair dealing. You can also file this charge if you know that the main reason for your termination is to replace you with a worker who will work for a lower salary.
Other legal basis for challenging your termination includes violation of public policy, discrimination, retaliation, fraud, and defamation. To make sure you have adequate legal grounds for challenging your termination, it is always best to consult or hire an attorney.
While incarcerated Me and my co-worker wet fired from our job in which we wax, buffed and cleaned the floors of the institution until officer Helms took over our detail and told my co-worker and myself that he don’t want any blacks working on his detail then have the block officer. search my co-working cell in which a shank was found but had nothing to do with the job which happened on the weeken so my co-worker was called to the Lt.s Office and Officer Helms happened to be there and told my co- worker that he was fired from the mid-night detail then that night came to my block and got on the computer in my block and fire me for no justified reason and put me on out side compound so I would have to be out in the rain, cold, hot summer and then hired white inmates although the institution had a discrimination practice because there was three race wars me and my co-worker are African Americans however, the cleaning, waxing, and biffing detail was equality divided among the general population thus because of the three race ward in 2009 with the blacks and Mexicans, 2010 with the blacks and whites, and 2011 with the blacks and the Mexicans again the Mexicans and the whites got together
and went to the institutions captain and ask that they have their own job detail so the floor detail was equally situated among the inmates the Mexicans worked the day-watch shift from 7:30 a.m. to 3:30 p.m., the whites worked the evening-watch shift from 5:30 p.m. To 9:30 p.m. and the blacks work the morning-watch shift (mid-night shift). So I was fired but given my job back and some back pay
Hi Johnnielee
You can get suggestion over your issue through legalhelplawyers.com