Wrongful Termination Lawyers discuss wrongful discharge
Do you believe you were unfairly fired from your job? If so, you probably need assistance from our experienced wrongful termination lawyers to properly file your wrongful discharge claim. Below is a general overview of what you need to know.
Wrongful discharge (also called wrongful termination) claim occurs when an employee alleges that his former employer discharged them in violation of an employment contract, federal or state law, or public policy.
Did you sign an employment contract that required your termination only for reasons listed in your contract or for “for good cause”? If so, then you were not classified as an at-will employee by your employer. An additional sign that you may not be an at-will employee would be if you received an offer letter or other written document that gives you assurances for your continued employment. If you are a for-cause employee, you could sue for arbitrary employment discharge, and you could enforce your employment contract in a court of law.
Most claims for wrongful discharge stem from employer-employee relationships where the employee is an at-will employee. At-will employment in the United States came from the theory of the freedom to contract. Under this theory, the employment is of indefinite duration, and either the employer or the employee could terminate the employment relationship at any time for any reason that is not contrary or illegal to the employment contract. However, even fired employees who are at-will employees can sue for wrongful discharge.
Constructive discharge and defamation
A claim for wrongful discharge does not just cover situations where your employer fires you; it also covers more indirect types of employment termination like constructive discharge or defamation. Constructive discharge occurs when an employee feels forced to quit his job because his employer has created or allowed the employee’s work conditions to become so intolerable that a reasonable employee would have resigned if in the same position. Defamation can happen in the employment context when an employer falsely and intentionally defames an employee and the employer uses the false and intentional defaming statements as an excuse to fire the employee.
Do you believe you were wrongfully discharged from your job? Were you forced to resign from your position? Did your former employer defame you then use that defamation to justify firing you? If you have not already hired our wrongful termination lawyers, call Delmas A. Costin, Jr. today at (718) 618-0589.
The Law Office of Delmas A. Costin, Jr.
930 Grand Concourse Suite 1F,
Bronx, NY 10451
(718) 618-0589 (Office)
(347) 510-0099 (Fax)