What You Need to Know About Wrongful Termination

If a worker is terminated unlawfully, they are also called wrongful dismissals or wrongful discharges.

Wrongful Termination: What Does It Mean?

If an employee is fired for unlawful reasons, this is known as wrongful termination or wrongful dismissal. 99% of states, including Montana, consider people to be employed “at-will.” This means that they can be fired without notice and without giving an explanation unless they have broken a contractual agreement, such as a contract for employment or a collective bargaining agreement, or if they have violated the law, which makes their discharge wrongful.

Unemployment compensation may not be available to terminated employees. Terminated employees should contact the unemployment office in their state to find out whether they’re eligible for compensation. The employee has the right to appeal any decision that denies their claim for wrongful discharge and explain the circumstances surrounding the termination.

Legal Processes: Understanding

A Wrongful termination Los Angeles claim must be supported by factual information provided by the employee. I strongly recommend that both the terminated employee and the employer retain experienced legal counsel who can assist them in sorting through the problems and protect their rights as well as their reputations.

The rights of wrongfully terminated employees are not specifically protected by law. However, state and federal laws may provide protection for wrongful terminations.

Additionally, if an employee suspects they have been forced out of their job due to dishonesty or discrimination by their former employer, they can file a wrongful termination suit for constructive discharge against that employer.

Although an employee has strong evidence that their discharge was unlawful, filing a civil wrongful termination claim may not be possible right away. The Equal Employment Opportunity Commission (EEOC) is the entity responsible for handling federal complaints. The requirements may also be similar in state laws.

Wrongful Termination: Why it Happens

Employees can be wrongfully terminated for any number of reasons, employers can wrongfully terminate employees in many ways, and damages may be awarded in several ways. If you are going to file a claim for wrongful termination, an attorney can help explain all of the possible factors.

Policies that violate public policy

There is no legal basis for terminating employees based on a particular reason if society considers the reason to be illegal. Terminating employees for this motive is in violation of law. In many jurisdictions, however, the existence of a specific law setting out a specific policy is required before a wrongful termination claim can be taken.

In some states, employees who volunteer as firefighters or serve as election officials are protected from wrongful terminations. In some circumstances, the court has ruled that an employee cannot be fired for exercising a legal right, such as filing a workers’ compensation claim, or reporting an Occupational Safety and Health Act violation.

Discrimination

Discrimination is illegal, and employers cannot fire employees-at-will or under any circumstances-based on their race, religion, national origin, skin color, gender, age, physical abilities or genetic information.
Almost all states prohibit discrimination, and some even extend protection to additional categories. Regardless of an employee’s sexual orientation, they cannot be fired in California. Credit history is not a factor employers can utilize to discriminate against employees in Illinois.

When an employee believes he or she has been wrongfully terminated due to discrimination, they should consult with a lawyer immediately. As far as discrimination claims are concerned, there are strict rules and deadlines that need to be followed. One such rule is that an employer can be sued in court by an employee who has filed a discrimination complaint with a state or federal agency prior to being wrongfully terminated.