Fortunately, I’ve only been fired from one job. I was 12 or 13, and I worked at the neighborhood gas station. My primary tasks were stocking shelves, cleaning floors, and prepping the store in the evening. Admittedly, I hated the job, and probably lost more money from my "tab." I didn’t take the job as serious as I should have, and the boss let me go. That experience as a youth has a lasting memory for me, and I used that as an opportunity to develop my work ethic. I vowed that I would never slack at a chore or task I had sought to get hired for, no matter how much I hated the job.
Through the years I’ve met similar people who have developed excellent work habits. I’ve also met several bosses, who despite their employee’s best efforts and excellent caliber, seem to believe they’re not compatible. Many of these good employees seek retribution for their early termination, especially in difficult financial times like we presently face.
Unfortunately for some, the simple fact is that there’s nothing they can do because Oklahoma is an "at-will" employment state (check out this page for information on the "right to work" doctrine). Basically, unless your employer violates an exception to the at-will doctrine, they’re free to release you whenever they choose. In the same sense, you’re also free to leave without notice to your employer, and without fear that you’ll face retaliation. (I’ve discussed one instance you may get fired, which deals with online social networking sites previously.)
The three general exceptions to the at-will doctrine are: public policy, implied contract, and covenant of good faith and fair dealing.
While Oklahoma doesn’t recognize the covenant of good faith and fair dealing, employees may litigation terminations that are against public policy or that breach an implied contract.
Both exceptions are fairly easy to understand. Public policy terminations violate principles that we, as a society, support and promote. For example, someone being terminated because of their military service violates public policy. Similarly, statements or promises from an employer to the employee may create implied contracts (although a physical document was never signed), which can be enforced and litigated over if they’re breached. For instance, if the employer promises you’ll never have to work Sundays, but suddenly you’re working every Sunday, an implied contract might be created. The most common implied contracts come from employee handbooks or other materials.
The difficult thing about creating an implied contract is being able to show its existence. Some courts are reluctant to create implied contracts because of a "flood gates" dilemma (every possible case now gets litigated), which places immense strains on the court systems.
If you’re interested in reading a good, and fairly short discussion of the exceptions, please check out this site (you’ll need Adobe Acrobat Reader).
Finally, the Federal Government has enacted several laws designed to prevent discrimination in the workplace, and protect individuals their employment. The Civil Rights Act, the Equal Pay Act, the Age Discrimination in Employment Act, and the American Disabilities Act offer federal protection to employees. Unfortunately though, these acts are limited in the protections they offer (click here for coverage limitations).
It’s important to know your rights as an employee or as an employer. For employers, quite often, you can prevent simple mistakes by a quick discussion with an attorney. For employees, if you think you’ve been wrongly fired, don’t delay seeking assistance. Time is important, contact an attorney today. To speak with an employment attorney, call (405) 748-0318 or email us at .
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