Legal Rights of Fired Employees
In most cases, an employee is considered at "at will" worker unless a contract is involved. This means an employer can fire an employee for almost any reason, at will. Unless an employee is fired for specific reasons, an employee who is discharged from a job will have little recourse.
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At Will Employee
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An employee not under a contract that specifically outlines the terms of employment and the relationship between employer and employee, or who is part of a union, is consider to be "at will." This gives an employer legal right to fire an employee at will, provided there is no discrimination based on sex, religion, race or disability. An employer's right to fire an "at will" employee is as free as the employee's decision to quit. It can even be for no reason.
Contracted Employees
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The relationship between employer and employee in the case of a contract is dictated by the contract and employment terms therein, which may stipulate under what circumstances an employee can be let go. If an employer violates the terms of a contract when letting an employee go, the contracted employee has grounds for legal action that can include damages and compensation.
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State Unemployment
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State unemployment is the right of any employee who loses a job through no fault of his own. Even if an employer legally fires an employee, that employee may still be eligible to collect unemployment. Being fired is not an automatic disqualification. Unemployment may still be available, although sometimes a waiting period of six to 10 weeks may be imposed. Reasons you may not be eligible for unemployment include stealing, harassing other employees and insubordination.
Disputing a Discharge
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Legal action, and an attorney, is called for if an employer fires you for being pregnant, being of a specific race or gender, disagrees with your religious practices or has an issue with your disability. These constitute the only illegal reasons you can be fired. Under the law, you can sue a company for damages and, in some cases, a job. These infractions of hiring and firing policy can be difficult to prove, however, since an employer can always point to another reason for firing.
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