This Video Blog discusses how to go about suing your employer and some of the issues specific to this process (with traps for the unwary to avoid)
My name is Attorney Richard Berger of Berkent Legal Services (www.berkent.com) answering your questions via video blogs. The question for today is how do I sue my employer for wrongful termination.
The answer to this question depends, usually, on whether you were employed “at will” or for a definite term under some express or implied contract.
Most employment is “at-will” meaning that the employee can be terminated without cause or notice. The employee can quit on that basis as well. Aside from terminations that run afoul of public policy (like discrimination or harassment) wrongful termination suits for at-will employees are dismissed because there can be no damages.
What, then, is a good claim for wrongful termination? Well, it’s a claim where you have a contract for a set amount of time and you were fired in breach of that contract. Or, it’s when an employer establishes a stepped-disciplinary system where you are promised that you will not be terminated outside of the full use of that process. There are other facts which would support a viable wrongful termination claim. The important thing is to go over your case with good counsel and he or she will tell you whether (in their opinion) whether they think you have a case to persue.
One hint is that if you had an offer letter from the job, or an employee manual, or job reviews, look to them to see if it/they try to establish an at will employment system or not. But, don’t decide for yourself let counsel help you.
That’s it for now. This is Richard Berger of Berkent Legal Services (www.berkent.com) wishing you the very best in your legal affairs.
