Employment

EmploymentMy boss just fired me just because she doesn’t like me. She can’t do that can she?

Yes she can!

Under Maine law a person does not have a right to keep a job unless there is an employment contract setting out the rights of the parties. Usually there is no written employment contract. A person is simply hired for a particular job and can be terminated at will without any reason whatsoever.

Under Maine law, if you are let go from a job, you do have the right to demand the reasons in writing. You should make this request in writing, and the employer then has fifteen days to respond.

You also have the right to read and copy your own personnel file, if there is one. You should make this request in writing, and the employer has ten days to respond. The file should include your application for employment, any evaluations, compensation and benefits records, and any complaints or commendations.

You have the right to file for unemployment compensation if you were laid off or if you were fired but not for “just cause.” If your former employer claims you were fired for a legitimate reason and the employer disputes your right to unemployment benefits, you can still have a hearing at the unemployment office and ask them to find that your firing was not for just cause.

If you have a good reason to believe that you were fired basically because of your race, color, sex, religion, age, ancestry or physical or mental disability, then you may have been unlawfully discriminated against. You may seek help from the Maine Human Rights Commission at 624-6050. They will take your written complaint and investigate to see if there are reasonable grounds to believe you were unlawfully discriminated against.

Bottom line, however, — in Maine you do not have a right to keep a job unless you have a union contract or other written contract with your employer; then your rights to employment are determined by the contract itself and not by state law. It’s the law!

Mills, Shay, Lexier & Talbot Areas of Practice

Automobile and Motorcycle Accidents Personal Injury Cases
Wrongful Death Cases Divorce and Custody Disputes
Drug Offenses and All Criminal Matters Parental Rights
Elder Law and Probate / Estate Planning Construction Contracts
Discrimination Claims Workers’ Compensation
Drunk Driving Real Estate
Social Security Disability Malpractice Cases

Contact Info

Map Skowhegan OfficePhone: 207.474.3324
Fax: 207.474.3609
PO Box 9
263 Water Street
Skowhegan, ME
04976-0009
Location Map and Directions