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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 53577
Experience:  Licensed attorney helping employers and employees.
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Last week I was terminated from my position due to "performance."

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Last week I was terminated from my position due to "performance." When I accepted the job, I signed an "offer letter" stating I was an at-will employee and I could be fired at any given time without notice... However, the employee handbook states before any employee is terminated he or she will be given "constitutional due process." But I wasn't. I was called into the office and told to leave. Do I have a case since I wasn't not given constitutional due process?
Hello, you do have a case. While you were an employee at will, the employer limited its discretion and gave you a level of protection and failed to adhere to it. Its premature termination then amounts to an illegal termination. This leaves you with the option of pursuing a claim through initially negotiating with management. You may do so or a lawyer may do so raising the issue which can lead either to reinstatement or a severance to avoid civil court action.
Customer: replied 2 years ago.

Thank you for your prompt response! How do I go by filing a lawsuit? Should I just try to negotiate with management for a severance packet?

I would not file the lawsuit yet. Use it for leverage in negotiating with management. You may also involve a lawyer in the negotiations to raise your leverage. If it comes down to a lawsuit, which it shouldn't, it would be filed with the county court with a summons and complaint alleging breach of contract and internal rules amounting to wrongful termination. Best of luck. Kindly click on an excellent rating for the answers.
Customer: replied 2 years ago.

Last questions, how long do I have to file? Basically, what is the statue of limitation on breach of contract and internal rules amounting to wrongful termination?

5 years but I would not wait that long. Good luck. Kindly rate me positively.
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