What if no contract exists or the contract does not have a termination date?
The terms of employment would be considered "at will", meaning that an employer can terminate you at any time, for any reason, or for no reason at all, provided it does not violate public policy. The only defense you would have to a discharge under these terms would be a violation of public policy, showing that the discharge was done with the intent to harm you, or by such things as discrimination.

What if I do have a valid contract?
If a valid contract exists, you must determine whether any portion of the contract has been breached or violated. By showing that such a contract exists and that termination was premature, the burden shifts to the employer to prove a sufficient cause for the discharge. A verbal or implied contract is enforceable, however, you must be able to establish that it does in fact exist.

What violates public policy?
Some examples of public policy violations would be: jury duty; military duty; filing for Workman's Compensation; and early discharge to deny retirement benefits.

What am I entitled to if I prove wrongful discharge?
Many elements are considered when determining the amount of damages due an employee. Expenses incurred while searching for new employment, profits or commissions lost and equipment lost because of the inability to make installment payments, are just a few things to be considered. In most cases you can recover the full amount due under the contract for the entire term, less the amount actually earned during the term, or recover compensation of lost back pay.

PLEASE NOTE: Each case differs depending on the circumstances.

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