Legally speaking, “wrongful termination” is a vague concept. Many individuals misinterpret what a wrongful termination means. Particularly because of the “at-will” employment regulations in place across the United States, these claims are particularly challenging to establish. But occasionally, unjust termination is more blatantly present.
If you believe you may have been fired unfairly, consider about the following five situations and compare them to your own. Contact PLBH at (800) 435-7542 for a consultation with an employment law attorney who can help you move forward.
You had a “cause” clause in your employment contract
The majority of employment arrangements in the US are at-will, which means that either the employer or the employee may terminate the arrangement at any time, with or without cause and with or without prior warning. However, some workers sign employment contracts before starting new positions, and some of these workers’ contracts have provisions that specify the legal justifications or reasons for termination.
An employment agreement can specify, for instance, that the worker must continue to perform at a given level or risk being fired. In accordance with the provisions of the contract, the employee may be fired if performance falls below this cutoff point. However, if an employee’s contract calls for the employer to provide justification for termination but the employee is dismissed without apparent reason, this may constitute a breach of contract and wrongful termination.
You took part in a safeguarded legal action
All employees have certain rights that employers are not allowed to infringe upon. These include filing claims for workers’ compensation benefits after suffering workplace injuries, acting as whistleblowers to report illegal or unethical business practices, appearing as witnesses in open court, or reporting an employer to a regulatory body like the Occupational Safety and Health Administration (OSHA) or Food and Drug Administration (FDA). If you took any such action and as a result were dismissed, your employer was acting in violation of the law.
It’s also conceivable that your employer may make an effort to hide this unjust termination by labeling your dismissal as a layoff or using another justification. The clearest and most persuasive evidence on your side for showing this sort of wrongful termination is often the time of your engaging in the in issue protected conduct and the date of your termination.
You spoke with coworkers about labor and/or workplace issues
Some companies don’t appreciate it when their staff “stirs the pot” by talking to their coworkers about problematic working conditions or workplace policies. You could have a case for wrongful termination if you recently expressed comparable difficulties with your coworkers and were let go soon after.
The National Labor Relations Act, which offers legal protection for workers engaged in “protected concerted activities” like talking about working conditions and similar things, gives employees who engage in these activities the right to sue their employers for wrongful termination if they do so in good faith.
Your employer treated you unfairly
The United States argues that it is unlawful for any employer to treat employees unfairly or terminate them because to their race, sex, religion, national origin, or other protected characteristics at the federal level. Employers are aware of this, yet some may still fire someone based on their race or ethnicity while trying to cover it up with other justifications like disciplinary action or bad performance. Unless you have persuasive proof that you were treated differently and unfairly at work because of your protected status, it may be difficult to show that you were wrongfully terminated in this circumstance.
Your medical history was the reason your employer fired you
Your medical information and medical history may be more readily available than you are aware of right now, despite the fact that to some people it may seem improbable. After reviewing the medical histories of their employees and terminating workers based on their existing ailments or the possibility that they would develop specific conditions, some businesses have been sued for wrongful termination.
For instance, if a business learns that a worker has a very high chance of contracting cancer, they may decide to let the worker go before the disease manifests itself in an effort to save money on future health insurance payments. In an effort to stop this kind of unjust termination, the US Congress adopted the Genetic Information Nondiscrimination Act in 2008.
These are only five examples of situations that might occur and indicate unjust termination. Even if you could be certain that your wrongful termination claim has merit, it’s crucial to think about what you intend to gain if you decide to take your case to court.
Some people can be eligible for financial compensation for their lost wages, missed benefits, and emotional distress. Others might feel better knowing that an employer did not get away with unethical or discriminatory actions without repercussions. If you have particular inquiries concerning wrongful termination, an expert employment attorney is the best option. Contact PLBH at (800) 435-7542.