Do I have a case for wrongful termination?

I work in sales and a few weeks ago . It was put on a performance improvement plan. It required my to bring in X amount of new contracts by the end of the fiscal year (5 months away). After 3 weeks, I was let go because I had not yet met those goals. I have documentation that spells out this “plan” and resulting termination action. Do I have grounds for a lawsuit because the outlined procedure was not followed?

Asked on June 8, 2012 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You probably do not have a claim. Unless you previously had an employment contract, which limited the grounds for termination or guaranteed you employment for a fixed or given period, you were an employee at will. As an employee at will, you could be fired at anytime. Since your employer could ahve terminated you immediately, you accepting the plan did not create an enforceable contract, since there was no consideration (or something of value given to bind the contract) given by you for it--the employer had the right to fire or not fire you as it wanted, and so you offered it nothing by accepting the plan. The plan was therefore a "gratuitious promise," not a contract, and the law does not enforce gratuitious promises. Therefore, your employer could choose to fire you earlier.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.