Justifying Wrongful Dismissal
After a termination, it’s understandable that emotions can run rather high. No one wants to admit that they were at fault, or that they fired someone over a petty and possibly illegal reason. Still, wrongful termination suits frequently occur, and are justified in court just as frequently. Of course, anyone who wants the best chance at winning their case should contact Charleston wrongful termination lawyers to take care of their case for them. For anyone that thinks their termination might have been illegal though, here’s a quick overview of the specific factors looked at in a wrongful termination case.
Since employers rarely come right and state an illegal reason for firing someone, one of the most important components of a termination case is proving motive. One of the most straightforward ways of resolving these cases is through the existence of a written contract between the employer and the employee. Through these contracts, the employee can prove that they were guaranteed work for a specific duration of time and that through their termination, there was a breach of contract. Similarly, if an employee can prove that there were implied promises of employment throughout the period, and that this was ultimately denied of them, then they may have a case as well.
In order to determine the validity of an “implied promise,” the court will look at a few common areas of employment, including frequency of job promotions, and the duration of the employment period. In addition to these areas, the court may also look at past performance reviews, other employment practices that the employer has previously used, and if there were any other promises that the employer might have made in order to retain an employee’s services. All of these factors are then taken into consideration in order to determine if a wrongful termination occurred.
Since the nature of these cases can leave considerable room up to interpretation, it’s absolutely essential that anyone considering such a case hire knowledge Charleston wrongful termination lawyers to handle their case for them. There’s simply too much at stake to leave it up to chance or an otherwise unproven attorney.
To arrange a meeting to discuss your rights and options, contact our office online or call us at 800-766-9441.