In most states in the U.S., terminating an employee without any clear and formal basis is illegal. Companies, organizations and even government agencies that will be found guilty of such actions may be held liable in a wrongful termination lawsuit filed by the discharged employee. This is to recover damages from the employer including loss of wages and “fringe" benefits.
On the other hand, in an “at will" employment system such as in California, proving a wrongful termination claim is definitely difficult and complicated. “At will" employer-employee relationship scheme indicates that any employer may terminate an employee from his job position even without any reason except those that are specified under the law. This gives the freedom for most companies to decide whether to lengthen the services of an employee or terminate him without the risk being charged of wrongful termination.
“At Will" Employment Exemptions Although “at will" employment scheme is not prohibited in California, terminating an employee on the following bases are considered violations of the law and can be subjected in a legal action:
•Ethnic group, gender, marital status, national origin, disability and religious and/or political affiliation •Retaliation for a whistle blowing feat or testifying against the company •Overtime pay demands including lunch and rest breaks •Lodging requests •Seeking for pregnancy, family and/or medical leave •Refusal to work in a hazardous workplace •Refusal to sign an illegitimate non-compete agreement
In addition, an “at will" employment scheme may be nullified in the presence of a contract that specifies the terms and conditions of employment. These agreements include stipulations such as job description, work hours, compensation and benefits, dispute resolution, tenure of employment, etc. If duly signed by both the employer and the employee, this will prevent the employers from terminating the employee without any grounds stated in the contract.
Legal Actions If in case an employer has terminated an employee due to any of the abovementioned bases, the discharged worker may file the corresponding lawsuit against the employer or the company. Yet, in seeking for justice, it is always advisable to have consultations with a wrongful termination attorney especially if an employee does not have sufficient understanding of the Labor Law provisions.
Illegally terminated employees must understand that the filing a case require basic knowledge about legal procedures. This explains the importance of hiring a credible legal counsel for assistance and representation. Attorneys who are experts in the field of Labor Law will definitely improve a wrongful termination claim’s winning potential.
From among the varied areas of our Employment Laws, wrongful termination is, as always a constant issue that many employees face within the course of their employment. Despite all the safeguards and guarantees that the law has given the employee sector, most of them feels insecure and becomes wary about their employment status.
Undeniably, this is a true fact, a hard fact especially for most employees. To this I say, that security in employment is something that is aspired but not guaranteed in the complex employment world.
Being discharged from your job is difficult, especially so when you are being fired wrongfully or illegally, that is, outside permissible legal grounds. The latter part is something destructive, not only for your career but more so for your livelihood, your source of sustenance and living.
For this reason, it is compelling for the employees to address this pressing issue for them to give justice to their present condition, to alleviate their pride and at least clean their names from the effects of such wrongful termination.
By virtue of this article, I would relate the basics about Wrongful Termination, its concept, grounds as well as claims and lawsuits.
Wrongful termination, the concept
Wrongful termination, also coined as wrongful dismissal, or wrongful discharge is a legal phrase that refers to any unfair employment discharge. Regularly, it relates to the situation in which an employee's employment status, whether bourn out by virtue of an Employment Contract or otherwise, has been terminated by the employer wantonly, that is, beyond legal methods.
Wrongful discharge is something tricky to decipher as it can come in different guises, to which may appear per se licit in its face but in fact spiritually wrongful. Worthy to note however, is that not every unfair employment discharge constitutes wrongful termination. The respective laws of each jurisdiction define the grounds that can come under this mantle.
Wrongful termination, the common grounds
Wrongful termination laws are applied and carried out on jurisdictional basis, meaning, that each state has its own set of laws that deal with this matter. There are no Federal wrongful termination laws.
Despite the varied treatment and application of this matter, most state laws that deal with this respect are one in providing the following common grounds:
?Firing an employee for "blowing the whistle" on the employer or as act of retaliation
?Firing an employee in violation of the employer's own discharge policy
?Firing an employee in breach of the covenant of good faith and fair dealing
?Discharging an employee for filing a worker's compensation claim
?Terminating an employee under the guise of a false statement of fact
?Discharge of an employee in breach of contract of employment or an employer-union collective bargaining agreement
?Firing an employee even if the latter is only reasonably exercising employee rights under relevant employment and labor laws including exercising union rights
?Terminating an employee who has brought or threatened a lawsuit against the employer
?Terminating an employee on discriminatory actuations and ill-will Wrongful termination, claims and lawsuits
Most Wrongful termination laws give victims of such violations some avenue to ventilate their concerns and to seek relief in their unlikely situations. In general, these laws provide the following avenues for the employees in their legal pursuit:
?Filing complaints with the government agencies (Administrative Tribunals) that enforce the Employment Laws
?Filing private lawsuits
?or both
The foregoing avenues have their own intricacies, by that I mean, they tackle variety of laws; they have their own legal principles and concepts and complexities. However, irrespective of the avenue chosen, if an employee has sufficient grounds to file a claim or lawsuit against the employer for alleged illegal actions, it is within the right of the employee concerned to press the issue to the chosen avenue, with full guarantee under the law. With this hurdle, it is best to consider hiring an Employment Attorney who has vast knowledge in this area of law, for a more effective and efficient approach to his/her predicaments.
To help you with and other employment-related issues, you can consult with our skilled . You can visit our website to avail of our free case evaluation.
Both Lala C. Ballatan & Claysphere Rivera are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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