When an employer terminates someone for an unlawful cause, such as a violation of federal anti-discrimination legislation or a breach of a written employment contract, this is referred to as wrongful termination. If an employee wins a case, they may be able to receive back pay, claim damages, and expenses incurred while looking for another employment.
Employees are often at-will workers who can be fired at any time by an employer. The sole exception for at-will workers is that the employer may not terminate the employee for an unlawful cause. The firing may be “wrongful” or immoral, but it is still legal.
If you have a formal employment contract that says that your job will run for a particular period, it may be illegal for your employer to end your work relationship early. You must not have violated any of the terms that guaranteed your employment for your dismissal to be illegal.
Title VII of the Civil Rights Act, 1964 bans discrimination based on race, color, religion, ethnic background, or gender. This law applies to employers with more than fifteen employees, and other federal rules make it illegal to discriminate against an employee because they are pregnant, over 40, or handicapped.
At the moment, no federal legislation forbids employers from discriminating against employees based on their sexual orientation. On a municipal level, different anti-discrimination laws may protect persons for the same reasons or others. Because statutes of limitations for discrimination cases are generally relatively short, an individual must file a claim of this kind, contact a lawyer or submit a report in the relevant forum before the time restriction expires.
Even if an employee filed a prejudice claim against the company and was not dismissed because they were discriminated against, the individual may still have a legal claim against the business if they were fired after making such a claim. Employers may be prohibited by federal, state, and municipal laws from retaliating against workers who file a discrimination lawsuit against their employers or who collaborate or help other employees who do so.
Making a report to an outside organization, such as the Equal Employment Opportunity Commission, or going through the employment procedures to make a formal complaint are examples of legally protected behavior. If taking this action caused your previous employer to respond negatively toward your employment contract, you may have a retaliation case. Not all states need that you be fired; you may have been exposed to such unfair conditions that prompted you to abandon your employment and still be eligible to file a case.
Employment Law Violations
If an employee takes time off per the federal or state regulations and is then terminated, they may have a claim against the company. Employees, for example, may be eligible to leave to look after an immediate family member or serve in the military. Similarly, an employee may have a case against their employer if they violate employment regulations outlined in a union contract.
Contact Franks & Rechenberg. P.C. Attorneys at Law to help with your case.