I JUST GOT FIRED FROM MY JOB. CAN MY EMPLOYER FIRE ME FOR NO APPARENT REASON?

In most states of the United States all employees are considered "at will" employees. That means that the employer can terminate or change the employment relationship "at will", unless there is a contract with the employer. In general, an employer can fire an "at will" employee, or change the employee's position or compensation with no notice and no reason. Likewise, the employee can terminate his employment "at will" without notice or reason.

In an increasing number of cases, however, courts are finding there is a "contract" between the employer and the employee, even in the absence of a formal written employment agreement. For example, language in an employee handbook may promise "all layoffs are based on seniority" or "we give employees at least 2 weeks notice of all layoffs".

If you are a member of a union, or are a public sector employee, you may be protected by either your union, or civil service laws.


I AM IN A UNION. WHAT CAN I DO TO FIND OUT IF I WAS FIRED WITHOUT "JUST CAUSE"?

Free legal information for firing law @ FreeAdvice.com. The best thing to do is to talk to your union representative, or contact the local union office, and find out the procedure you should follow. If you were, indeed, fired unjustly, the union will represent your interests to the employer.


DOES MY EMPLOYER HAVE TO GIVE ME TWO WEEKS NOTICE BEFORE HE LETS ME GO?

Free legal information for firing law @ FreeAdvice.com. Unless you have a written contract that specifically states you will receive notice, or if you are a member of a union with a collective bargaining agreement that states a notice requirement, your employer does not have to give you notice. The one exception to this is if there is a mass layoff or plant closure. The law may require notice in these situations.

DOES MY EMPLOYER HAVE TO GIVE ME SEVERANCE PAY WHEN S/HE LETS ME GO?

Free legal information for firing law @ FreeAdvice.com. Unfortunately, unless there is a contract guaranteeing severance pay, your employer is under no obligation to give you any money upon letting you go.


CAN I LOSE MY HEALTH INSURANCE AFTER I'M FIRED OR QUIT?

Free legal information for employment/labor law @ FreeAdvice.com. No. Unless you were fired for gross misconduct, you have the option of continuing group healthcare coverage at your own expense for a statutorily determined period of months. This coverage applies to employers with 20 or more employees. Theses are often referred to as COBRA benefits and are currently available for up to 18 months from date of termination.


If you think you qualify, please fill out the form by clicking here: Do I have a case?

 

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