Wrongful Termination Information
Contrary to popular belief, there is no one federal or state law that covers wrongful termination. Wrongful termination can be viewed in two ways. First, the term can refer to a type of charge in a legal suit (i.e. Wrongful Termination suit). Second, wrongful termination can be used as a general term that relates to several areas of employment law, like workplace discrimination, for example, and how they relate specifically to an employees' reason for termination.
Other People Are Reading
-
Description
-
Most employees in America work under "at will" conditions. This means that separation from employment can occur at any time for any legal reason, and can be initiated by either the employer or the employee. Under at-will employment neither party is required to provide a reason for terminating the employment relationship. However, if an employer is found to have terminated an employee for a reason that is considered illegal, then that termination is considered "wrongful," and the employee may be entitled to legal remedies.
Causes
-
There are a great number of causes of wrongful termination. In general, most causes will fall under the following categories:
Discrimination
Violation of a stated or implied contract or agreement
Termination as a display of sexual harassment
Violation of established local or federal labor laws
As an act of retaliation toward an employee for filing a complaint against the employerWithin each of these categories of employment law, there can be numerous specific causes for a charge of wrongful termination.
-
Identification
-
Identifying a situation of wrongful termination is not always a simple matter. An employee can be treated poorly or unfairly and still not have grounds for a charge of wrongful termination. One or more of the employee's rights must be proven to have been violated through the act of termination. Since at-will employment doesn't require an employer to provide a reason for firing an employee, supporting a wrongful termination charge can be difficult unless the illegal behavior is apparent.
Recourse
-
There are several ways to address a wrongful termination situation once you have determined that one exists. First, the employee wrongfully terminated should determine the specific federal or state law that has been violated and file a formal complaint with the local departmental office that enforces that law. Second, a complaint and request to investigate can be filed with the local office of the Equal Employment Opportunities Commission (EEOC). Finally, a private lawsuit can be filed against the former employer. Private lawsuits are usually the most expensive option, so you may want to pursue the first two options before consulting an attorney.
Considerations
-
The best way to address a wrongful termination situation is preemptively. Familiarize yourself with the basics of employment law, understand your rights as an employee and be familiar with your company's policies and procedures when it comes to dealing with employee discipline and termination. While employed, be aware of changes in your environment. Don't ignore a negative or hostile environment; document it. If you find yourself in a situation that seems like wrongful termination, your documentation will make a substantial difference in proving your case.
-
References
More Like This
Comments
-
;how do you deal with a person that is director of child care center on jacksonville navy base. she has terminated me. she has hurt alot of people and people are afarid to speak out against her because they are in fear of losing their job. yet she talks and treats staff like 3rd class slaves. staff members have referred to her as five-o, warden. mr.president, nazi, the queen, turtle neck. and so on.
