If I was fired for no reason, no discipline and no warning, do I have a case for wrongful termination?
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If I was fired for no reason, no discipline and no warning, do I have a case for wrongful termination?
Asked on May 8, 2012 under Employment Labor Law, Rhode Island
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you did not have an employment contract, you were an employee at will. An employee at will may be fired at any time, for any reason, without notice or warning. The vast majority of employees are employees at will, since very few people have employment contracts; therefore, it is likely that this is legal and you could be fired for no reason, with no prior discripline or no warning, just as you could resign or quit at any time, with no prior notice.
There are exceptions:
1) You cannot be fired due to illegal discrimination; so, for example, you could not be fired due to your race, religion, age over 40, sex, or disability.
2) You cannot be fired to retaliate for filing certain protected claims (e.g. for overtime or that you were discriminated against); for using certain protected benefits (such as FMLA leave); or for bringing to light certain safety or legal violations.
3) IF there was a very strong employee handbook or the like, which did not contain any disclaimers or limitations (such as "all employment is employment at will" or "nothing in this manual creates an employment contract"), such handbook sometimes is held to create an "implied employment contract." If it does, and if it limits the grounds or the procedure for termination, then you may have a claim for breach of contract if you were fired in a way which violates the manual or handbook.
If you think 1), 2), or 3) was the case, you should consult with an employment law attorney.
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