Sometimes a termination letter can arrive unpredictably. While you might sit and wonder what was your fault for deserving a resignation letter, you might be able to figure out a reason. This is because sometimes employees are not at fault for their termination, and you have every right to challenge your company for wrongful termination.
There are several reasons why you might face a wrongful termination. Even though most companies hire employees at will, there are certain boundaries the companies must respect in the at-will law. If the company breaks any rule, it must fulfill the penalties for wrongful termination.
Proving the company’s fault is not easy, and while you are determined to take action against them, you will need expert help. So contact a White Plains employment lawyer as soon as possible. Do not delay filing a claim against your employers, as gathering evidence with time becomes more challenging.
Grounds on which you can challenge a wrongful termination
A written letter stating commitments
A written document or commitment that promises you job security can be your most significant evidence for a wrongful termination claim. The writing must suggest that you will only get fired for a prominent reason and not at will.
If not a legal contract, search your offer letter for a promise or continent that ensure your job continuity. Finding such words of conviction can help you make a strong case in court to prove your wrongful termination.
Implied commitment is nothing but the action and words of your employers that assure you long-term job security. This type of commitment is difficult to prove as you might have little to no endive of your employer promising you a job continuity. However, you can search for any emails, texts, or phone calls, in which your employee is seen giving you words of affirmation.
Look for emails, letters, or contracts that suggest,
- A fixed job duration
- The past work and positive performances
- Has the employer violated any rule when they fired you? For example, not proving the prior notice of your termination
- Were there any prior commitments or promises made to you about long-term employment security during your job interview or when you received your offer letter
- Frequent reassuring that your job is safe for a long time
Breach of duty of goodwill
Suppose your employer treated you with injustice, like firing you because he wanted to prevent you from reviving sales and commissions, or manipulating employees or workers by promising a job promotion or raise and suddenly firing them. In that case, it can come under breach of goodwill.
You can talk to your lawyer and file a case against the employer. However, ensure that you have an ample amount of proof first