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Protect Your Job & Wages
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by Susan Chana Lask
When people call me about employment issues they don't realize one important law- in almost every state you are terminable at will. That means that your employer can fire you anytime and for no reason at all. The only way you are protected from being fired on the spot without notice is if you have a contract of employment. A contract of employment must be in writing and should specify your length of employment, salary, terms of employment, vacation, bonus calculations, the basis of termination and any warnings to be given (make it at least 3 warnings if you can) prior to termination and must be signed by your employer, among other things.
Now, most people never get employment contracts because their employers do not want to lose the right to terminate you with or without cause. But there is a saving grace--if your employer wrote an intial offer of employment letter and you commenced employment based on that letter, you can use the terms in that letter as your contract of employment. Hopefully the letter spells out your salary and length of employment because there are cases where if your fired before the end of the term in that letter than you can be due the balance of your salary for that term.
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17 May 2005 by LawKit
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