Hello World! Welcome Friends! As of October 2024, the Bureau of Labor Statistics reports that there are approximately 135.5 million employees in the private sector in the United States. Various issues can arise in the workplace, including wrongful termination, partly due to the nature of at-will employment in most states in the US.
Employers hold a considerable degree of freedom when it comes to making decisions about hiring and firing. Employees may have their jobs terminated for various reasons or even without any specific reason, as long as it complies with the law.
According to wrongful termination lawyer Emanuel Shirazi, losing a job can be stressful, especially if you believe your termination was unjust. When faced with termination, you must understand the circumstances under which a dismissal may constitute wrongful termination.
Let’s look at the signs that show that you have been terminated illegally:
Discrimination or Retaliation
If you felt targeted based on your race, gender, age, religion, disability, or other protected characteristic, it may be a sign of wrongful termination. Make sure you keep records of any discriminatory comments, emails, or actions aimed at you.
Be aware of any unexpected shifts in your treatment after you took part in a protected activity, like reporting discrimination or submitting a complaint. Retaliation happens when an employer responds negatively to you for standing up for your legal rights, like reporting wrongdoing or being part of an investigation.
If you think you might be facing retaliation, it is important to keep any relevant messages, performance reviews, or statements from witnesses that could help your situation. It is important to reach out for legal advice as soon as possible to get a clear picture of your rights and the options available to you.
Violation of Employment Agreement
To find out if you have a case regarding a violation of your employment agreement, take a close look at the terms in your contract and see if your employer has breached any of them. Pay attention to the details regarding job responsibilities, pay, benefits, termination processes, and any other terms you have agreed upon.
Some typical violations might involve firing someone without adhering to the proper procedures, failing to deliver promised benefits, or altering job responsibilities without agreement from both parties.
Before taking any legal action, discuss the issue with your employer to see if a resolution can be reached. If the violation persists and negatively impacts your employment, consulting with an employment lawyer may be necessary.
Retaliation for Whistleblowing
Retaliation for whistleblowing happens when an employer responds negatively to an employee who has reported wrongdoing or illegal activities within the organization. Whistleblowing is a courageous act that exposes wrongdoing and protects the interests of the public or the organization. If you have spoken up about these activities and experienced backlash, you might be facing retaliation.
Instances of retaliation against whistleblowers can manifest as demotions, reductions in pay, unjust disciplinary measures, or even being let go of their position. Employers might attempt to explain their actions in various ways, but it is important to be aware of when retaliation is occurring.
If you believe you’re experiencing retaliation for whistleblowing, document all relevant events, including the initial report of misconduct, subsequent adverse actions, and any communication related to the issue. An experienced employment lawyer can help assess the situation, gather evidence, and guide you on the best action to protect your rights.
Retaliation for whistleblowing is illegal, and you have the right to seek justice if you’ve been wronged.
Breach of Public Policy
When considering wrongful termination cases, one aspect to examine is the concept of breach of public policy. This type of wrongful termination occurs when an employer fires an employee for reasons that violate established public policies. These policies are usually detailed in federal or state laws and aim to protect the well-being of our communities.
Instances of violating public policy can involve dismissing an employee for not agreeing to illegal actions, for taking time off that is legally protected (like jury duty or voting), or for asserting their legal rights (such as submitting a workers’ compensation claim).
Constructive Discharge
Constructive discharge refers to when an employee feels compelled to resign due to unbearable working conditions imposed by their employer. This occurs when the employer deliberately makes the work environment hostile, forcing the employee to quit.
The resignation stems from the employer’s actions, making it more of a termination than a voluntary choice. To figure out if constructive discharge has occurred, courts look at whether a reasonable person in the employee’s shoes would see the working conditions as intolerable.
Factors considered include harassment, discrimination, sudden demotions, significant changes in job duties, or unsafe working conditions.
If you think you were pushed out of your job unfairly, it is important to collect evidence. This can include any documents related to the incidents, statements from witnesses, and any communication you have had with your employer about the problems you have encountered.
Failure to Follow Company Policies
When an employee struggles to adhere to company policies, it may result in disciplinary measures, which could include the possibility of termination. Company policies are designed to ensure a safe and productive work environment while fostering consistency throughout the organization.
Failure to follow these policies undermines the company’s values and creates legal liabilities.
Common examples of failing to follow company policies include violating safety protocols, breaching confidentiality agreements, engaging in misconduct, or consistently disregarding attendance rules. When an employee consistently overlooks these policies, it can throw off the workflow, affect team relationships, and hurt the company’s reputation.
Employers usually share clear guidelines about expected behavior and procedures in employee handbooks or during training sessions. Not being aware of these policies is generally not seen as a legitimate reason for not following them.
Keep in mind that employees must familiarize themselves with company policies and raise any concerns or questions to avoid unintentional violations that could result in disciplinary actions, including termination.
Retaliation for Taking Protected Leave
If you have chosen to take protected leave, like FMLA (Family and Medical Leave Act) or for jury duty, your employer is required by law to honor that choice. Some employers might respond negatively to employees who take such leave by demoting them, cutting their hours, assigning them less desirable shifts, or even ending their employment.
If you have taken protected leave and feel you have faced retaliation, it is important to know that this is against the law. If that is the situation, you could have a valid case for wrongful termination. Keep a record of any instances where you feel you’ve faced retaliation, like unexpected negative performance reviews or unfair disciplinary actions after your leave.
Your right to take protected leave is protected by law, and no employer should punish you for exercising that right.
Conclusion
If you believe you have been wrongfully terminated, analyze the circumstances surrounding your dismissal. Talking to an employment lawyer can guide you in figuring out if you have a case and what actions you can take to pursue justice for your wrongful termination.
You have rights as an employee and deserve fair treatment in the workplace, so make sure you take action and not be complacent. If it happens to you, it can happen to any of your colleague. Remember, addressing wrongful termination is the right thing to do.
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