'For Cause' Employees
If you are a "for cause" employee, then your employer cannot fire you without a legitimate reason. 'For cause' employment is recognized either in a written employment contract or, in some states, an employer's verbal statements (for example, "You'll have a job here as long as your performance is satisfactory").
Some examples of situations where your boss cannot fire you without a good reason include:
- your state’s law prohibits at will terminations
- your company's employment policy requires 'for-cause' justifications for firings
- you have a contract (either implied, oral or written) with the employer that contains such a provision
- you are a government employee under the protection of civil service laws
- you are a member of a labor union and protected by a collective bargaining agreement
- your termination would violate protective state or federal law (such as whistleblower's protection, civil rights, age, or disability protections).
Firing a "for-cause" employee without a legitimate reason can be challenged in a number of ways:
- A government employee may have a property interest in their job that cannot be taken away without sufficient cause as determined by a court of law.
- A union employee covered under collective bargaining agreements can file a grievance for review of the facts and circumstances if they believe the termination was wrong.
- A non-government employee may file a lawsuit to have their employment termination found to be wrongful.
If sufficient cause is established, then the inquiry will be closed and the termination completed. However, if the termination was found to be wrongful, then the employer may be held responsible for reinstatement of employment, back wages with interest, and often for punitive damages assessed as a deterrent to other employers.
