Question about getting fired...

santucci218 · #1 08-01-2011, 08:48 AM

This whole thing is a long story, but I'm only telling a portion now so I know my options. Ill fill in on the rest later. I was supposed to sign a contract with my boss for a term of 2 or 3 years. If I do that, I will pass up opportunity for a few other great jobs that may be coming my way, with more pay, or a place more desirable to work at. Now, I have a meeting scheduled because he thinks I want to sign this, but I have to explain to him that I don't. Obviously he will be asking me why. Can I be fired on grounds that he knows I will potentially be quitting soon? I'm not part of a union or anything, so I need an "adults" advice.

Thank you.

Selta · #2 08-01-2011, 09:00 AM

You're in an at-will state of employment. They can fire you for whatever reason they want to... and they don't have to tell you why.

sloasdaylight · #3 08-01-2011, 09:05 AM

Quote:

Originally Posted by Ray Salamon

You're in an at-will state of employment. They can fire you for whatever reason they want to... and they don't have to tell you why.

This, depending on State and local regs I would imagine.

spade2you · #4 08-01-2011, 09:11 AM

Quote:

Originally Posted by Ray Salamon

You're in an at-will state of employment. They can fire you for whatever reason they want to... and they don't have to tell you why.

I also live in a state with this policy. Sucks, but that's how it works. Wife got canned because her supervisors didn't like her and that she was friends with someone they previously canned.

Quickie · #5 08-01-2011, 09:17 AM

There are a couple lawyers that post here. Maybe one will post a response. I was terminated from a job that was "at will". I brought an action and won. Many people don't realize they can bring actions against an at will employer, but you must really fight and better be able to prove your reason(s) for the firing. Mine was an age related case. I had the federal law on my side.

Strat-Mangler · #6 08-01-2011, 09:26 AM

I'd personally lie and say that a family matter you don't wish to discuss might dictate that you'll need to move from the state during that time period, hence why you don't wish to sign. Emphasize it's only a possibility, that you'd have an answer way ahead of time, and don't wish to be legally bound by an agreement you wouldn't be able to honor.

Might not be the most ethical thing to do, but I despise employers who try to have their own employees paint themselves in a corner by signing all kinds of documents like this. They can fire you at any time so why shouldn't you have the ability to leave anytime without ramifications?

My 2 cents... which are worth around $0.0192 cents US.

Longhair · #7 08-01-2011, 09:30 AM

What are the terms of the contract that you are signing?

gttim · #8 08-01-2011, 10:41 AM

Be very careful about signing anything. Do not give up any rights. Watch out for non-compete clauses.

I would tell him how much you like working for the company, and hope to be there for a long time, but due to private family issues, you would rather not sign a contract.

Pilgrim · #9 08-01-2011, 10:57 AM

If you sign a contract, make sure that it has terms that cover YOU. Including raises, benefits and the amount of leave you get.

Otherwise, politely refuse.

kasanovakarl · #10 08-01-2011, 12:14 PM

I've found that non-compete clauses typically haven't held up. (I've been on both sides). They can't take away your ability to make a living.

There are a lot of good points about if you do sign, you lock down your wages, benefits, and a lot of the flexibilities that you may have currently. Then again it will give you certainty that your industry might not normally give you.

Back to your original question - yes, they can fire you. Though if they fire you, just because you might be quitting may not hold up in court for a justified reason of termination.

RS · #11 08-01-2011, 12:26 PM

It is possible I guess but without knowing the whole situation I'd guess they would not. Typically, people offered employment contracts have valuable skills that are not easily replaceable. I'd probably make up something vague about needing to stay flexible for some family/health/personal reason and offer to sign a shorter term contract.

Papa Dangerous · #12 08-01-2011, 12:32 PM

I was always told, even though this issues was in conversation about signing a record contract, that you would like to take a copy of the contract to a lawyer for evaluation. If your boss refuses you to take the contract from the office... there is something shady going on.

Perhaps this is not the best advice on your situation though, just thought about putting it out there. I agree with saying you have a family/private matter that prevents you from signing such a long term agreement. I hate that stuff when it comes to my cell phone contract.

Be sure to note that you are very happy with your current position and wish to continue to work for the company.

Hopefully your boss is not an avid TB user....