It is hard to get fired. It is harder to get fired for the wrong reason. The majority of the employees are not sure if they could sue or not. The employees are protected by the wrongful termination law. The law needs to be perfected. That is what is being explained here.
What is Wrongful Termination?
Wrongful dismissal is when the employee is dismissed by the employer illegally. It is contrary to employment contracts or law. It may be discrimination-based. It may be retaliation-based. It may be contract-breach-based.
Discrimination: A Common Ground to All
It is illegal to discriminate under state and federal law. That is race, religion, sex, age, and disability. You cannot fire on that. It is wrongful discharge. You can sue on that.
Retaliation: Safeguarding Whistle-blowers
Retaliation is also wrongful termination. It is when the employer retaliates against the employee. That’s because the employee complained about something illegal. It might also be for complaining. Retaliation is illegal. You are allowed to complain.
Breach of Contract: Breaking Promises
There are some employees who have contract work. They contain terms of employment in them. They are grounds for dismissal. Where such terms are breached by the employer, there is a breach of contract. Unfair dismissal can be sued.
Implied Contracts: Unspoken Agreements
Not everything is in writing. Some are implied. That is, they are in company policy. They are created by custom. When the employer violates these implied contracts, it can be wrongful discharge.
At-Will Employment: The Exception
Most of the states are at-will. That is, a company can fire an employee for any reason whatsoever. They can fire for no reason. But they cannot fire on illegal reasons. Discrimination and retaliation remain illegal.
Violations of Public Policy: Protecting the Public Interest
Wrongful dismissal is when an individual is dismissed from employment. It is for failing to do something that is illegal. It is for reporting to the authorities that something illegal was being conducted. They are done in the public interest. They are granted immunity by law.
Documenting Your Case: Evidence Matters
If you feel that you were illegally fired, document everything. Document e-mails. Document performance reviews. Document witness statements. You need evidence for court cases.
Filing a Complaint: Step One
You can file a complaint with the Equal Employment Opportunity Commission (EEOC). You can file a complaint with your state department of labour. They will hear your complaint. They will tell you if you have a case.
Statute of Limitations: Time Limits Apply
Statute of limitations: Time limits to file if wrongly discharged. They are state-specific, depending on the type of claim. Act fast. Don’t delay in filing a complaint.
Filing a Lawyer: When to File a Complaint
It is prudent to seek advice from an attorney. They can look at your case. They can tell you what you can do legally. They can plead your case to a judge and jury.
Damages: What You Can Recover
When you win your case, you can be awarded damages. This includes lost wages. This includes emotional distress. This includes lawyer fees. Sometimes, you can be returned to work.
Settlement Name: Solved the Controversy
Most wrongful discharges settle. That is, the two parties sit down and work something out. It does not go to trial. It is time-effective and cost-effective.
Mediation: A Process Where the Two Parties Sit Down
Another choice is mediation. It’s a third neutral person. They assist in bringing the two parties to an agreement. It’s not mandatory. Both parties must agree.
Arbitration: A Forced Resolution
There are such contracts of employment where the utilization of arbitration is mandatory. In this situation, a third party who is not involved in the conflict makes the decision. It’s final. Both of them are required to comply with it.
The Importance of Knowing Your Rights
Study wrongful dismissal law. It’s in your best interest that you do so. It’s only reasonable. Don’t leave unfair dismissal alone.
Conclusion
Wrongful termination is not to be taken lightly. You can sue them through. Don’t be intimidated to seek help. Document all that you do. Get yourself a lawyer. Stand on your rights.
