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Losing or Leaving a Job FAQ
You have certain legal rights even as your job is ending.
For what reasons can I be fired?
Unless you have an employment contract with your employer, your employment is probably "at will," which means that your employer can fire you for any reason that isn't illegal. (Illegal reasons include discrimination based on race, national origin, sex, religion, disability, and age, and, in some states, sexual orientation, marital status, whether a person receives public funds, and/or other characteristics.)
This means that your employer's reason for firing you can be related to your job (for example, poor performance, excessive absences, or violating a company rule) or totally unrelated (for example, violating a law outside of work, speaking too loudly or abrasively, annoying your coworkers, or any other reason that is not illegal).
If you have an employment contract, however, the terms of your contract will determine the reasons for which you can be fired. Sometimes, contracts will give a list of things for which the employee can be fired. Other times, contracts will leave the issue open. In such a situation, the law usually says that you can only be fired for "good cause" -- meaning a legitimate, business-related reason. If your contract says specifically that your employment is at will, however, you are stuck in the same boat as those without a contract, and your employer has a great deal of leeway in the reasons for which he or she can fire you.
How do I know if I have an employment contract?
When most people think about contracts, they think of a formal written document. And many contracts do look that way. There are other kinds of contracts, however. You and your employer can come to an oral agreement that is never put in writing, and it will still be a valid contract under the right circumstances. And, if your employer has ever promised you something, that may be a contract as well.
If you fit into the following situations and are fired for questionable reasons, then you might consider talking to an attorney:
- Your employer, supervisor, or manager promised you that you would only be fired for certain reasons -- for example, if you really messed up in your job or if the company failed.
- Your employer, manager, or supervisor promised you that you would have a long and secure career at the company.
- You and your employer, manager, or supervisor agreed orally on the terms or length of your employment.
FAQs
- If the employer's handbook states that employees will be fired only for just cause, can the employer still fire someone at will?
- How does a worker apply for Unemployment Insurance (UI) benefits?
- What workers are covered under the Unemployment Insurance system?
- I have no written contract, but my employer told me that as long as I perform my work well I'll have a job. Can my employer fire me even if I'm performing my job well?
- Are there any laws that affect an employer's ability to fire employees at will?
Employees' Rights Resources
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