Reasons for Wrongful Termination

At certain times, an employer may be justified in terminating an employee. At other times, she may do so for reasons that are inappropriate or illegal. The employer who wrongfully terminates an employee may find herself embroiled in a wrongful termination lawsuit.

Other Terminologies

Although the term "wrongful termination" is most frequently used when an employee is wrongfully let go from his employment, there are other terms that refer to an employee being unfairly discharge. These include wrongful firing, wrongful discharge, wrongful dismissal, illegal termination, illegal discharge and illegal dismissal.

Discrimination

Acts of congress are responsible for implementing federal discrimination laws. Also referred to as statutes, these laws are imposed by regulations. Included in the federal discrimination laws is the fact that it is illegal to discriminate against employees and job candidates based on their age, nationality, gender, race, religion, disability or veteran status. Although the U.S. Equal Employment Opportunity Commission (EEOC) sets the most substantial discrimination employment laws, states have the authority to impose their own discrimination laws that expound on the ones set by the federal government.

Federal Family and Medical Leave Act

Under the Federal Family and Medical Leave Act (FMLA), if the employee qualifies and if her employer is obligated under the Act, she is entitled to take a maximum of 12 weeks sick leave without pay during any year. This unpaid sick leave is granted so she can tend to herself or family members. It is also designed to protect her against losing her employment or benefits. Childbirth is regarded as a qualifying event under FMLA. It allows the expecting mother maternity leave and the expecting father paternity leave.

Whistleblowing

An employee who tells on an employer is referred to as a "whistleblower." It may constitute as wrongful termination if an employer retaliates against a whistleblower. The whistleblower protection states that the employer cannot legally retaliate against an employee who legitimately and in good faith "blows the whistle" on an employer. For example, if an employer asks his employee to engage in an illegal or unhealthy activity, the employee has the right to report it. The whistleblower protection is structured so the employee can report the employer or testify against him without fearing that the employer will strike back.

Wage Garnishment

Under Title III of the Consumer Credit Protection Act of 1968 (CCPA) it may be considered wrongful termination to terminate an employee because he has one wage garnishment. Although the federal wage garnishment law protects the employee on the initial debt, it does not protect her on two or more garnishments. Still, regardless of how often legal actions are taken to collect the first debt, the worker is still protected against termination.

References

• Wrongful Termination Laws