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What are my legal remedies for being fired from my job?
Employment offer made over the phone and via email. Accepted orally over the phone and via email. Gave resignation at current employer, signed lease in new city of employment, and then informed 3 1/2 weeks after job offer that my position was no longer needed. Told I was an at will employee. However, I did not agree to anything or was told during the job offer/acceptance process that I would be an at will employee. I have in writing that my contract was from 5/1/07-8/10/07 with pay to be $4,550-$7,100 based on performance. My hours were 1:00 pm to 10:00 pm M-F.
I currently attend law school and realize what a mess this really is. I lived in Oklahoma when the contract was entered, the job was to be in Kansas City, MO, while the employers' headquarters are in Boston, MA. I assume jurisidication is in Kansas City, MO. I'm not familiar with the employment laws in Missouri. Please help! What are my legal remedies?
Actually, as opposed to what your first response stated, the emails do constitute a contract. Employment is not covered by the statute of frauds, and therefore does not need to be in writing. There being an offer, an acceptance, and consideration there is a legally binding contract. Not all contracts have to be written to be enforceable, only those covered by the statute of frauds. Also, just b/c one is a law student, doesn't mean that they know all about the law. If one has not been tought this yet, then they shouldn't know. Law school is more apt to teaching one how to think like a lawyer, and all though some fundamentals are tought, there is too much involved to teach everything. So many law students will take offense to someone saying, you are in law school, you should know. They are still learning!!!!!!
As opposed to your second response, Legally you did have a job, and illegally, you were let go! Furthermore, the employement was not an at-will employment, b/c there were specific dates that you would be working, and an at-will release does not hold water.
Oklahoma Law Firm on Flashpoint I Andy Lester of Lester, Loving & Davies
Tags: attorneys, employment, employment law oklahoma city, law, regulations, temp
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