Hire an Employment Lawyer for a Wrongful Termination

If a person is fired from his or her job, they may have trouble determining whether the termination was legal. Most employment is offered at will, which means that an employee can be terminated at any time, for any legal reason (or for no reason at all). However, there are crucial exceptions to the at-will rule, and certain legal remedies can help a worker keep his or her job or sue the employer for a wrongful termination.

Written Promises

If an employee has a statement that promises job security, he or she has a good argument for not being an at-will worker. These workers and their Tallahassee attorneys may be able to enforce such promises through the legal system.

Implied Promises

An implied contract or agreement based on an employer’s words and actions is another exception to at-will employment rules. These can be hard to prove because most bosses are careful not to make promises of continual employment. However, implied contracts have been found where an employer promised time-definite employment, or where they set forth specific terms in a manual. Courts consider a variety of things, such as employment duration, promotions, past performance reviews, and the promises an employer makes upon hiring.

Public Policy Violations

It’s illegal to violate public policies when terminating a worker. Before a public policy-based wrongful termination claim is allowed, courts typically require the existence of a law detailing the policy. Most federal and state laws have outlined actions that are clear violations of public policy, such as:

  • Firing a worker for taking time off for jury duty
  • Terminating a worker who took time off to vote
  • Terminating those serving in the military
  • Firing those who notify the authorities of harmful wrongdoing

Most states also hold that an employer cannot fire a worker because they exercised their legal rights, such as filing a worker’s comp claim or reporting an OSHA violation.

While most employment is at-will, even these workers have certain legal rights and remedies when they’re unlawfully terminated. Contact a local employment lawyer for case-specific advice, legal counsel and courtroom representation should the need arise.