Lubin & Enoch, PC is adept at handling every sort of wrongful discharge claim. Wrongful discharge occurs when an employees contract of employment has been terminated by his or her employer in a way that breaches one or more terms of the contract or violates a statute provision. The absence of a formal employment contract does not preclude claims; obligations and rights outlined in an employee handbook can also be considered, and even “at will” employees are entitled to legal protections which preclude them from being fired for reasons that violate the law or public policy.
Whether a challenge is brought under a breach of contract theory, either written or oral; a public policy theory, including health and safety; or financial impropriety whistleblower claims; Lubin & Enoch, PC is uniquely adept at identifying the circumstances surrounding the termination of an employment relationship and determining the validity of the claim. Our attorneys represent litigants (plaintiffs and employers) in such cases on a routine basis.
In addition, non-probationary public employees may have a constitutionally and statutorily protected property interest in their continued public sector employment. Consequently, public employers cannot take a public employees job or pay away without due process of law.
This means they are entitled to notice of the reasons for the proposed discipline and an opportunity to respond before they face discipline. For example, federal employees have various avenues for appealing any resulting disciplinary or adverse action including, inter alia, filing an appeal with the Merit System Protection Board (MSPB). Lubin & Enoch, PC represents public sector employees in these sorts of legal proceedings.
* Note: Lubin & Enoch, PC is not currently accepting any cases on behalf of employees of the State of Arizona or the City of Phoenix.