You were dismissed or laid off for no reason. You are upset and feel your employer wrongfully terminated you. Is there a legal remedy?
It all is contingent upon. The first thing to consider is whether an agreement in writing covers you. If yes, your contract will usually have an obligation to deal with the question of terminating your employment, regardless of whether the termination occurs because of “cause” or for no reason whatsoever. The contract could specify an exact date on which the employment will be terminated, or the contract could run for the entire stipulated term. Suppose your termination of employment occurs before the date stipulated within the agreement. In that case, there could be a penalty clause in the contract that allows the termination of your employment without cause if you are obligated to pay the amount specified by the contract. If the contract states that your employment was terminated because of “cause,” the contract might stipulate that you are deprived of any rights that you have to any employment in the future or compensation for any lost earnings or benefits. “Cause” is a term that is normally defined in the contract.
Let us suppose that you do not have a written contract. Do you have legal recourse? There may be the form of an agreement in writing. You can only be classified by having a written contract if all major terms are specified, including duration of employment and pay benefits, job description, and other similar terms. If you can prove that there is an agreement and you are fired before the expiration date, there could be an opportunity to pursue damages against the employer.
The majority of employees do not have an oral or written contract. The name “at-will employees refer to them.” An “at-will” employee can typically be dismissed, regardless of the reason. There is no date for the duration of their work. An employee might find that they cannot agree with their boss, or that the company hires new management, or the boss is not a fan of their attire, and your boss decides to let them leave. Another side of the side is that an employee may also leave at any time without notice. If an employee is offered a better job, they can quit without notice.
The law has changed the power to dismiss an employee at any time or with no cause due to discrimination rules. State and federal laws ban discrimination in the workplace due to race, gender or creed, age, age, or any other criteria. If discrimination is proved and the law permits it, the employer will be required to pay compensation to the person fired, but it is not an easy task.
Then, you were fired (not dismissed for a reason) as an “at-will” employee, and there was no evidence of discrimination. Are you eligible for a severance payment? In general, it is the case that employees who are “at-will” employees are not eligible for severance benefits. However, if the organization by which you were employed has a written policy on severance or if there is evidence of such benefits being paid to employees who have left before, you could also be eligible for such benefits.
It is difficult to be on both sides of the employment equation in the present economic environment. Whether you are an employee or an employer, it is important to understand your rights as a legal person when it comes to employment.
