Would I have a case?
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Would I have a case?
Was hired by a hospitality company working
a position in Omaha NE. During my 93 days
working with this hotel I received the
highest franchise audit ever for the
hotel. Raised hotel ranking from 178 to 8
on company website in 1 month. I prepared
the annual budget for the hotel for next
year as one of my main projects during
this time.I was asked to train the agm to
prepare him for a gm position. At 93 days
the regional walked in and said it was my
90th day and he was letting me go because
an employee had made a comment that i was
not helping them enough. This happened 10
days before i was going to be eligable for
a quarterly bonus. I have since found out
that they gave the gm position to the agm.
It looks like they hired me under false
pretense to just train the agm for them
and get the more difficult task out of the
way. Would I have a case possibly due to
an implied breach of contract? I thought
they were hiring me for an actual position
and it seems like they only wanted a
temporary trainer.
Asked on October 18, 2016 under Employment Labor Law, Nebraska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
There is no breach of contract when there is no contract; and in employment contexts, there are no "implied" contracts because the rule in this country is that employment is "employment at will": that means that an employee cannot reasonably believe there is any employment contract (none is implied) unless there is an actual written agreement, since when there is no written agreement to the contrary, employees may be terminated at will. Employment at will negates implied contracts in employment: there are only written contracts or no contracts, and if you did not have a written contract, then you were an employee at will and could be let go at any time, for any reason, even bad or unfair or duplicitious ones. The *only* way to be protected as an employee is with a written contract.
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