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ABA Family Legal Guide

Law and the Workplace

Leaving a Job

Being Fired

I have no written contract, but my employer told me that as long as I perform my work well I'll have a job. Can my employer fire me even if I'm performing my job well?

It depends. Many state courts, such as those in Michigan, will enforce an oral promise by the employer under certain circumstances. Generally speaking there must be

  • clear, unequivocal evidence that a promise was made; and
  • evidence that the employer and employee specifically discussed the issue of job security and reasons for termination.

    It also may be helpful to the employee's case if he or she can show

  • evidence of the employer's past practice that it fires employees only for cause; and
  • evidence that the employee turned down other job offers or left a job in reliance on the promise made.

    Other courts, however, will not enforce such an oral promise.

    • American Bar Association Family Legal Guide
    Copyright © 2004 American Bar Association
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