What is wrongful termination?
Wrongful termination is where an employer discharges an employee for reasons considered to be illegal or against the public policy that may include the grounds of discrimination, retaliation, or breach of contract.
Can an employer fire an employee without cause?
In most cases, employees who are “at-will” can be fired for virtually any reason or no reason at all, as long as the reason doesn’t break some law; otherwise, it is illegal discrimination.
What are protected reasons for termination?
Workers cannot be dismissed for illicit reasons including race, sex, age, handicap, religion, and retaliation for reporting illegal acts or activities (whistleblower), or taking protected leave including but not limited to family or medical leave.
Can employees receive severance pay when terminated?
Generally, employees do not have to be paid severance unless the company has a policy that offers it, an employment contract guarantees it, or collective bargaining agreements for unionized workers mandate it.
Read Also:
- https://lawstrategix.com/10-frequently-asked-questions-about-workplace-grievances/
- https://lawstrategix.com/6-key-questions-about-government-employee-protections/
- https://lawstrategix.com/20-questions-about-wage-disputes-answered/
What should an employer do if an employee files a complaint or lawsuit after termination?
Employers should consult with legal counsel to understand their obligations and risks. They may need to respond to claims in court or through a government agency, such as the Equal Employment Opportunity Commission (EEOC) or the Department of Labor.
Is it legal for an employer to terminate an employee for taking family or medical leave?
No, the law under the FMLA prohibits actions such as the termination of employees who are away on leave without fear of revenge, and among these leave opportunities include certain leaves taken due to family or health reasons.
If an employee voices a complaint that workplace conditions at his place are unsafe or violated, may they be fired on that ground?.
What is the process for filing a claim if I believe I was wrongfully terminated?
Employees who believe they were wrongfully terminated can file a complaint with the Equal Employment Opportunity Commission (EEOC), the Department of Labor, or a state labor department, depending on the circumstances of the termination. Legal action may also be pursued in civil court.
