Regardless of whether you are an at-will, contracted, or otherwise maintain some sort of protected relationship with your employer, the Covenant of Good Faith and Fair Dealing is present in every employer-employee relationship. This amounts to a contract of sorts – and quite simply, your employer can never breach that contract. A Breach of the Covenant of Good Faith and Fair Dealing is a claim that is often brought as a “fall-back” to other, stronger claims; however, it can prove to be a formidable claim in and of itself.

Generally, the Covenant of Good Faith and Fair Dealing prohibits terminations that are at odds with “Public Policy.” That general prohibition has been defined by the Courts throughout the years to take on a few, very narrow meanings. As it pertains to employment, it is against Public Policy to terminate an employee by creating fictitious grounds to do so.

Often, when an employer wants to terminate an employee, it begins to “paper” his or her file in an effort to show that the employee has engaged in a pattern of poor performance or misconduct. What is contained in that “paper” could potentially create a cause of action for a Breach of the Covenant of Good Faith and Fair Dealing. An employer cannot manufacture false reasons to terminate an employee. Sometimes, rather than “papering” a file, an employer relies upon one false reason to terminate an employee.

Prosecuting a Breach of the Covenant of Good Faith and Fair Dealing case is extremely difficult. If you believe your employer has create a false record in order to terminate you, contact an employment lawyer for a case evaluation: