Yes, most contracts allow an employee to be fired, but only for a “good cause”. If you think your firing violated your contract or law, you may be able to file a claim against your employer for wrongful termination. If you have a written contract or other statement that promises you job security, you have a strong argument that you are not an at-will employee.
For example, you may have an employment contract stating that you can only be fired with good cause or for reasons stated in the contract. In addition, you may have an offer letter or other written document that makes promises about your continued employment. If so, you might be able to enforce those promises in court if you have been fired.
Can I Get Fired While On a Contract?
A contract may protect you from getting fired, but it is still possible that your employer may fire you for a good cause. What is considered to be good cause may be an act of insubordination or failure to follow any of the following:
- a clear and reasonable order from the employer;
- failure to follow the reasonable rules of the employer;
- dishonesty on the job;
- obtaining the job under false pretenses;
- conduct toward fellow employees that interfered with the employer’s business;
- failure to perform the duties of employment in a competent manner despite sufficient training.
Also, an employee who lied on his or her job application about workers’ compensation history can be terminated for good cause. Similarly, an employee who, without permission, temporarily removes company property from company premises for personal use can be terminated for good cause as well.
Can My Employer Terminate Me Without Notice Even If I Have a Contract?
Yes, they can, if they have a good reason. Employees who have signed an employment contract have greater protection and it is considered wrongful if an employer fires him/her before the contract period has expired unless the employer has good cause to do so.
What Can I Do If My Contract Was Not Terminated For a “Good Cause?”
If you are a contract employee and were fired for an illegal reason (discrimination, retaliation, etc.) then you may have an employment law claim. If your employer acted unfairly, you may have a claim for a breach of a duty of good faith and fair dealing. There are several legal remedies available if you can prove your employer wrongfully terminated your employment. Your employer may have to pay damages based on your lost wages and emotional distress.
Get Help With Your Claim
Wrongful termination law is hard to understand so if you believe you have been wrongfully terminated you may find it difficult to prove so you should speak with a wrongful termination lawyer.
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Additional Resources
- How to Know If You Were Illegally Fired
- Violating The Employment Contract
- What is Breach of Contract?
