An employer can fire a worker for many different reasons, however, it is unlawful for the employer to fire a worker based on a harassment-related or discriminatory reason. Employers that engage in wrongful discharges may be held accountable for violating employment laws.
If you were wrongfully terminated, there are state laws that protect your right to file a wrongful termination claim against your employer. Filing a claim can be a complex undertaking as it is not always easy to identify when an employer has engaged in illegal acts to reach the decision to terminate the employment. Here, we will discuss when an employment termination becomes unlawful as well as when retaliation may be present in the workplace.
At-Will Employment
Employees in almost every state work under the system commonly referred to as at-will employment. When a person is hired on an at-will basis, the worker’s employer has the ability to fire him or her at any given moment and without explanation. This form of employment, however, does not mean that the employer can terminate the work for any reason. Employers are actually barred from firing a person under various circumstances.
The following are reasons an employer cannot fire a worker: Age, Race, Gender, Religion.
Further, the following are situations a worker may be experiencing, or a part of, that the employer is also restricted from terminating employment.
- Reporting a harassment claim
- Sexual orientation
- Disability
- Whistleblower claim
- Family leave absences or medical leave absences
- Pregnancy
- After filing a claim for discrimination
- After filing a claim for sexual harassment
- Over time requested off under the Family and Medical Leave Act
- Over reporting an employer for an environmental violation
- Reporting an employer for infringement
- Over race, ethnicity, gender, sexual orientation
- For defending a coworker’s claims of discrimination, whistleblowing, or harassment
Employers also cannot retaliate against a worker over any of the aforementioned reasons. While retaliation can include termination, it can also include the following: Denying a promotion, Denying a raise, Denying a privilege associated with the employment and/or Ignoring the worker for a training or continued education opportunity
Hire the Support of a Skilled Wrongful Termination Attorney
Wrongful termination can sometimes be a very difficult case to prove. It can oftentimes be difficult for employees to identify whether the employer engaged in wrongful termination and it can also be difficult to know if the employer relied on an unlawful reason to terminate the worker’s employment. If you have reason to believe that you were wrongfully terminated, it is critical to seek the legal guidance of a well-versed attorney who can help you identify if you have a valid claim. A skilled wrongful termination attorney will review your case and help you build a strong claim.
The attorneys at SANFORD A. KASSEL, A Professional Law Corporation are highly skilled in representing victims of wrongful termination and retaliation. If you or someone you know has suffered financial losses as a result of workplace discrimination, consider contacting the firm today for a free case evaluation.
