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Even though there is many circumstances where an employer can’t terminate his/her employees, termination is not always wrong in the legal sense. Often, people who have been terminated perceive the termination as unfair or unethical, while the employer may have perfect legal backup. For this reason it is important to understand wrongful termination as well as the governing employment law.
If you have been terminated, under what you believe to be illegal circumstances, contact one of our wrongful termination attorneys, in order to shed light on your legal options.
Employment law
Employment law is a large umbrella term, governing the legal areas of the employee/employer relationship. Violation of the employment law can create tensions and predicaments on the workplace and the productivity and over all well being of either side is affected.
According to the United States Department of Justice Bureau of Justice Statistics job bias lawsuits filed in U.S. District Courts soared from 6,936 in 1990 to 21,540 in 1998 and they are still in the rise. Usually employee handbooks and manuals are a reliable source of a company’s procedures and policies while they refer to the employment relationship, the employee rights, complaint procedures, standards of conduct and resignation/termination policies.
Wrongful termination
While many terminations might not make perfect sense and may seem unethical or even illegal, the employer must violate a specific state or federal law in order to allow the case to be eligible for a wrongful termination lawsuit. Consider the following: Discrimination
If an employer terminates you simply based on your gender, race, creed, disability or any other related reasons, the employer terminated you based on discriminatory reasons. Discrimination is wrongful termination and therefore illegal.
Retaliation
In the event that your employer has done something illegal, he/she can’t terminate you due to the fact that you reported the illegal activity to management. At the same time, wrongful termination includes termination based on a refusal to commit illegal activity demanded by the employer.
Defamation of character
In certain cases, employers will intentionally defame an employee in order to justify termination. This definitely counts as wrongful termination, which can be attested in court.
Breach of explicit or implied contract
Employers can’t terminate you if you have are under a contract and are fulfilling the contract terms usually until the specified period ends. If your contract does not include an escape clause, such termination is likely to be considered wrongful.
Breach of good faith and fair dealing
Good faith and fair dealing imply that employees are to be treated fairly, especially if they have devoted a great deal of time into a company. Consequently, employers can’t terminate employees for primitive reasons such as avoiding to pay due rewards, raises or giving promotions.
Constructive discharge
There might be a situation where an employer is constructing changes that make the working place intolerable. If fellow employees would also quit under the new given circumstances, there might be grounds for a wrongful termination lawsuit.
Hot Topics
- Employment discrimination
- Employment at will
- Contracts
- Worker’s compensation
- Workplace safety
- Wrongful termination
- Sexual harassment in the workplace
- Overtime and pay claims
- Pregnancy discrimination
There are many reasons why you as an employee might have been violated in your employment rights. Whether you have been wrongfully terminated or discriminated against due to a disability it is advisable that you contact one of our attorneys near you. We can assist you in devising solutions to employment problems and help you make your workplace a more peaceful place.
If you have any questions regarding wrongful termination or if you need legal assistance regarding this matter, contact one of our wrongful termination lawyers.
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Facts About Wrongful Termination
