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View Diary: THANK YOU FOR YOUR HELP TODAY! Son-in-Law Fired After 3.5 Years of Emotional Torture (194 comments)

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  •  Good summary. (13+ / 0-)

    The bottom line is that, unless you have a written contract, no one is entitled to their job.  Unless there is a written contract, an employee can quit for any non-illegal reason, and, conversely, an owner (or the people the owner puts in charge) can fire an employee for any non-illegal reason.  

    That gives employers leverage in times when the unemployment rate is high, and employees leverage in times when the unemployment rate is low, or when the demand for employees with certain skills exceeds the supply (happening in some fields, like some engineering fields, now).  

    I won't give legal advice, but generally if a person (1) thinks he was fired in violation of his employment contract, or (2) thinks he was fired on some illegal basis (like Wisper said, racial discrimination, sexual harassment retaliation, etc.) AND has some concrete facts to back that up, he should consult a lawyer who does employment work.  

    Absent those things, employees generally don't have a right not to be fired for whatever reason the owner wants.  

    •  In some States an employee handbook is (4+ / 0-)
      Recommended by:
      elwior, marzook, War on Error, Aspe4

      considered almost like a "contract" in that absent some violation of the handbook the employer can't fire you. That being said, those States are few and far between and in the States that do recognize a handbook, employers have found some ways around it.

      •  if handbook outlines causes /steps for termination (6+ / 0-)

        can be considered contract in illinois.

        Change is inevitable. Change for the better is a full-time job. -- Adlai E. Stevenson (GOTV)

        by marzook on Mon Sep 09, 2013 at 10:43:34 AM PDT

        [ Parent ]

      •  JS - in CA it's a little different (5+ / 0-)

        If a company has a handbook they can't terminate you in a manner that is in conflict with the handbook. However, the handbook does not have to be all-inclusive and employees can be terminated for causes that aren't covered in the handbook. In addition, most handbooks outline the current federal and state law in the location of the facility so they are often just a recap of things like holiday and vacation policies and a summary of the laws that apply to that facility.

        Handbooks are written by company lawyers to make it harder for employees to litigate their termination.

        "let's talk about that"

        by VClib on Mon Sep 09, 2013 at 11:26:39 AM PDT

        [ Parent ]

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