At-will employment essentially is a working relationship in which the employer and the employee can end the relationship at any time. This does not require advance notice and seemingly can be done for almost any reason. While many employment relationships in the U.S. may seem to fit under at-will employment, it is important to ensure that as an employee, you are not wrongfully terminated. There are multiple wrongful termination standards which protect employees in at-will employment relationships. This ensures that there are a multitude of scenarios in which a worker’s rights are protected, even for non-contracted work.
Violation of Public Policy
Some of the most common occurrences of wrongful termination are violations of public policy. This means that the employer’s reasoning for firing their employee violates clear, well-established and well-outlined public policies of the state. For example, it is illegal in most states for an employer to fire an employee for filing a Workers’ Compensation claim. In addition, this covers most discrimination laws. If an employee is fired on the bases of race, religion, gender, sexual orientation or similar reasons, that is considered wrongful termination.
Implied contracts are a confusing area of at-will employment which can be easily misunderstood, but can also frequently benefit an employee in employee/employer relations. There are two types of implied contracts, implied in-fact and implied in-law.
If a contract is implied in-fact, that means that the obligation is created between these parties due to the facts of the situation. If the parties’ conduct suggests an understanding, the law may find an implied in-fact contract. An example of this would be an individual being paid to mow a neighbor’s lawn several weeks in a row, only for the “employer” to refuse payment the fourth week. The law would find that an implied contract existed between the two.
An implied in-law contract is a situation in which the law imposes a duty to fulfill an unwritten contract. This can apply even if it is against an individual’s will. For example, if a doctor saves a bystander’s life, they are justified in billing the individual for their services.
Cherry Hill Employment Lawyers at McOmber McOmber & Luber, P.C. Fight for the Rights of Wrongfully Terminated Employees
If you or someone you know has been terminated in a way which you feel is wrongful, then the dedicated Cherry Hill employment lawyers at McOmber McOmber & Luber, P.C. are prepared to help. Call our Marlton, New Jersey office at 856-985-9800 or our Red Bank, New Jersey office at 732-842-6500 to schedule a free consultation, or fill out our online form. We serve clients throughout South Jersey including Cherry Hill and Marlton, as well as those in Red Bank and Middletown.