FIRED AT-WILL EMPLOYEES MAY HAVE “IMPLIED” EMPLOYMENT CONTRACTS – CALL BAY AREA EMPLOYMENT LAWYERS TO FIND OUT IF YOU HAVE A CLAIM AGAINST YOUR BOSS
California is an “at-will” employment state. This means that if you do not have an employment contract guaranteeing your job for a period of time, you can be fired for any reason at any time. However, there are some cases where a firing may still be illegal. Your employer may not fire you because of your race, gender, national origin, sexual orientation, or because you belong to another protect class.
However, your termination may also be illegal if your employer breached an “implied” employment contract. An “implied” contract is typically created by circumstances that “imply” that an employment contract exists and oral statements. There are several factors that may create an “implied” contract. The more factors that exist, the better chance you have for bringing a suit against your employer. These factors include: (1) Length of Service, (2) Progressive Discipline Policy, and (3) Employee Benefit Programs.
- Length of Service: The longer you have worked for an employer, the more likely that you have an “implied” employment contract. If you have just started working for your boss, it is not likely that you have an “implied” contract.
- Progressive Discipline Policy: Many companies have these types of policies that state that an employee will not be fired the first time the make a mistake. These policies often include a system for dealing with employee mistakes or inappropriate behavior which include warnings, second warnings, and eventually termination of employment. If your place of work has a policy like this, you may have a stronger case for an “implied” contract.
- Employee Benefit Programs: These programs include retirement programs, 401K’s, and other systems that show that an employer expects an employee to work long enough to partake in these programs.
If you believe that you have an “implied” employment contract, and that you have been fired without reason, contact employment attorneys Greenberg & Rudman LLP at 1-800-ALAWPRO or 1-800-252-9776. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are a team of experienced lawyers that can help you fight for your job!
