At Will Employment and Wrongful Termination
At Will Employment and Wrongful Termination
Have you been fired recently? How do you know if you were terminated legally or illegally? While most employment is at will it’s important to understand there are exceptions to the rule, and of course legal ramifications, which could help you fight your former employer for wrongful termination.
Below you’ll find helpful information that may guide you towards understanding whether or not you are victim of wrongful termination.
Did You Receive Promises in Writing?
You have a very strong argument if you have, in the past, received a written contract or other statement that promises you job security. Contracts such as these mean you are not an at will employee. An example is a contract stating that you can only be dismissed for reasons clearly communicated in the contract. Additionally, you may have received a letter promising your duration of employment. These are documents handy in court.
Did You Receive an “Implied” Contract
An agreement based on things your employer said and did is the existence of an implied employment contract. This is another exception to the at will rule.
While, this can be difficult to prove because most employers are very careful not to make promises of continued employment, implied contracts have been found where employers promised employment for a specific period of time.
Courts look at a number of things in deciding whether an implied employment contract exists, including:
- Continuation of Employment
- Employment Duration
- Job Promotions Regularity
- Performance Reviews History
- Employer Violations
We are the Attorneys for You
Are you the victim of wrongful termination?
The attorneys of Teal Montgomery have the significant experience you need, both in the courtroom and out. We can show you the results to back up our claims of trial attorney and are prepared to take your trial to case if it is in your best interest.
If you feel you’ve been terminated illegally, we can help. We’ll walk you through the details of your case, help you organize your thoughts and explain your options. The attorneys of Teal Montgomery have an in-depth knowledge of wrongful termination law. We work to understand our cases in detail. We maintain relationships with experts who help us build strong cases on your behalf.
Call 707-525-1212 (Santa Rosa Office) or 916-448-1010 (Sacramento Office) or Contact us today.