Whether you work for a small startup or a large corporation, as an employee, you need to understand your rights in the workplace and familiarize yourself with employment laws. Your employer has certain responsibilities over you and if they break employment laws, you can sue them for wrongful termination. We will discuss these themes and explain what wrongful termination is.
By the end of this guide to wrongful termination in business, you’ll know when you can make a wrongful termination claim and what kind of compensation you could be awarded. We will leave you with a couple of other reasons why people choose to sue their employers. If any of these apply to you, call a lawyer today to discuss your situation.
As an employee, it is important that you understand that you have rights in the workplace. When it comes to employee termination, this is not something an employer can do on a whim; they need to have a justifiable reason for terminating your employment. So, you need to familiarize yourself with the legal and illegal reasons why employees might try to fire you.
You may be let go due to poor job performance, violation of company policies, or the company’s decision to downsize for financial reasons. All of these are legal reasons for termination, though they need to be supported with evidence.
However, an employer cannot fire you on the basis of discrimination or retaliation. If your employer tries to let you go due to factors that are protected by anti-discriminatory laws, such as race, religion, sex, age, or disability, this is illegal. Moreover, if you are fired for reporting harassment, discrimination, or safety issues in the workplace, or unionizing, which is a protected activity, this is wrongful termination.
Compliance with employment laws is crucial for employers who want to avoid wrongful termination claims. So, it is essential to provide clear reasons for employee termination. Moreover, employers should conduct fair evaluations of the situation prior to firing an employee.
There should be evidence of the employee’s actions leading to termination and of the fair evaluation conducted. This will help employees understand the reasoning for their termination and determine whether it is wrongful or not.
Employers have the responsibility to train the managers and supervisors in their business to avoid wrongful termination claims. Moreover, it is their responsibility to protect their employees from unfair treatment. Employers should prioritize making work more enjoyable and fostering a safe, respectful, and supportive environment within the company.
Now that you know what constitutes legal versus illegal termination of an employee, you have a better idea of how to identify wrongful termination. Employers can terminate employment if their workers have been underperforming or non-compliant with company policies, but they cannot discriminate or punish employees for filing complaints.
When wrongful termination occurs, the terminated employee can contact a lawyer to represent them in court in a wrongful termination suit. If you have been wrongfully terminated and are considering suing your employer, you need to gather evidence that the termination was illegal. Make sure you understand what discrimination and retaliation entail and determine whether they apply to your case. A lawyer will help you to make this distinction and help you to move forward with your claim.
You can make a wrongful termination claim when you feel that your termination was illegal, unjust, and violated your employee rights. If your employer lacks sufficient evidence and paperwork to back up their decision to terminate your employment, you may have a shot in court with a wrongful termination claim. This opens a door for you to argue that the firing was discriminatory or retaliatory.
Moreover, if you feel that your performance reviews are biased or unfairly negative, this could be evidence of wrongful termination due to retaliation. For instance, if you were involved in unionizing and received a poor performance review shortly after, you could argue that this review – which is being used as a legal reason to terminate your employment – has been fabricated as retaliation to your legal and protected actions.
If you have been unlawfully dismissed from your job and there is enough evidence to prove it, you could be awarded compensation in court for your suffering. The compensation for a wrongful termination case may come in the form of back pay from the date of the termination to the date of the verdict in court.
The court may also order that you be reinstated to your former position or a comparable position in the company, though many employers do not wish to return to the business once they have been wrongfully terminated. If you have experienced emotional distress or harm due to the firing, you can also receive compensation to alleviate this suffering.
The specific compensation awarded will depend on the individual claim and the severity of the damages incurred. Sometimes, employers face criminal convictions due to discrimination or retaliation if their actions were particularly egregious.
Finally, sometimes employees can sue their employers if they are forced to work in unsafe conditions, if they have suffered a personal injury at work, or if their employers have not complied with the Family and Medical Leave Act (FMLA). The FMLA allows employees who qualify to take up to twelve weeks of unpaid, job-protected leave due to specific family or medical reasons.
As you can see, there are a few reasons why employees might choose to sue their employers, but the one we have been exploring today is wrongful termination. The illegal termination of an employment contract can lead to legal ramifications for an employer and can result in the damaged party receiving compensation.
Today, we have discussed employee rights, employer responsibilities, and how employment laws determine what constitutes wrongful termination. If you have been let go due to discrimination or retaliation, you can contact a lawyer and create a wrongful termination case. Just remember that you need evidence of wrongful termination, just as your employer needs evidence that the termination was justified. You may receive monetary compensation or else reinstatement to your old job if you are successful in court.