No performance review, then fired.
I was recently fired shortly after telling my boss that I was unhappy in my position. We agreed that he would support me while I found a new job and I would help him get someone to take over my job. After three weeks, he found my replacement and told me that I was being let go.
I have a employment offer that states that I was to receive a performance review after six months. Every time I tried to initiate the review, I was told it would be done at a later time. After nearly two years, I was never given a review or a raise. Do I have a case to sue this company based on the employment agreement?
Answers (1)
In Ohio, a presumption exists that all employment is employment at-will. In general, this means that unless an employer has made a specific promise to employ you for a specific, limited period, either the employee or the employer is free to end the relationship at any time for any reason, or no reason.
Your question raises the issue of whether your employer made a promise to you that would change the at-will employment relationship. A promise to conduct a job review in the future is not a proimse to keep you employed until that time for the review comes. While the promise for a job review certainly implies that you will be employed at the time, it does not obligate the employer to continue employing you until then because it is not a specific promise of continued employment.
Even if the promise were sufficiently specific to be considered a promise of employment for a specific duration, the promise does not obligate the employer to continue employing you under any circumstances. When a promise for continued employment has been made, an employer is still permitted to discharge an employee for just cause.
If the employer and the employee have not specifically agreed upon what will be considered "just cause", the courts will interpret the meaning of that term very liberally in favor of the employer. Courts are reluctant to interfere with the business judgment of employers.
In your case, you had already stated that you were unhappy with your position. An employer is likely to be considered to have "just cause" to discharge an unhappy employee. Therefore, unfortunately, the treatment you received may have been unpleasant and less than good business, but it was not likely against the law.
This is intended to be general advice, not specific legal advice. The answer to your question may be different after a more thorough examination of the facts is conducted. There is no substitute for that kind of analysis. If you believe you were wronged and may have a case, then you should seek legal counsel directly to discuss the matter in greeater detail to confirm your rights and you former employer's obligations.
posted by Gregory Gordillo | Dec 14, 2004 10:50 AM [EST]
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