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4 Things to Know About Unlawful Termination

Thursday, December 14, 2017

Were you suddenly terminated from your job? Depending on your circumstances, you may be the victim of unlawful termination. Here are some tips and advice.

At-Will Employees

Most employees will not have a claim for wrongful termination against their former employer. This is because most workers are at-will employees. This means that their employer can hire and fire them at will. However, there are common exceptions to this, as you'll see in the following paragraphs.

Breach of Contract

If there was a contract that guaranteed employment to you for a certain amount of time, then your termination would be illegal. This contract doesn't have to be a written one. If you can prove that there was an implied or verbal contract, the courts may also deem the termination unlawful.

Breach of Good Faith

Sometimes, the courts will consider a termination wrongful if there was a breach of good faith. This is harder to prove, but it applies to certain situations. For example, if you were fired so that you can't collect sales commissions, or you were fired a few days before retiring even though you've been a model employee for many years so that your employer wouldn't have to pay for your retirement, that would likely be called wrongful termination.

Breach of Public Policy

There are certain reasons for which even at-will employees cannot be fired. This varies from state to state, but there are some that are universal. For example, if you were fired based on your sex, race, age, religion, etc (and in some places, your sexual orientation), that is illegal. Other breaches of public policy would be stuff such as being fired for taking off time to vote or in retaliation for reporting illegal activities.

For help with fighting an unlawful termination, contact us today!



Employment Law: Have I been Terminated Unlawfully?

Thursday, August 10, 2017

Employment law often deals with unlawful termination. However, most people don’t really understand the term. They may think that just because they were fired, they were unlawfully terminated but that is not usually the case.

So, have I been unlawfully terminated? Here are some reasons where you might want to look into legal action.

If you are forced to quit, that may mean that you are unlawfully terminated. It is illegal to make employees quit so if you feel like you were not given any chance, you may want to see a lawyer.

If you feel like you have been discriminated because of your gender, race, nationality, and fired, you may have been unlawfully terminated. You may also fight if you think that you have been terminated due to your religion, age, disability, or even pregnancy.

If you have a contract and get fired before your contract is up, you might want to ask a lawyer if you have grounds for a lawsuit. Besides being unlawfully terminated, you may also be able to look into a breach of contract lawsuit.

You can’t be fired if you are taking leave. Many people take unpaid leave, for medical reasons, and they can’t be fired for it. People who are in the military or those who get jury duty need to have a job to come back to when they are finished.

Many people get unlawfully terminated. Whether you are forced to quit or you lose your job while you are taking leave to take care of your sick child, you may have a case against your job. Anytime you feel discriminated against, you also should seek legal assistance.

Contact us for all of your legal needs.



Employment Law and Unlawful Termination

Thursday, March 23, 2017

Have you been wrongly terminated from your job? Don't worry, there are legal bulwarks put in place so that you get the justice you deserve.

What does "Wrongful Termination" mean?

It's important to note that wrongful termination means something very specific in legal terms. Simply being fired for unethical reasons isn't enough of a reason to pursue a legal case against your employer. In order to win in the courts you have to show that you were terminated because of discrimination against your race, ethnicity, gender, disability, or due to religious beliefs. Being terminated for the act of whistle-blowing against your employer is grounds for legal action.

The concept of at-will and your rights

Employment in all states except Montana is considered "at-will" and ultimately subject to the whims of your employer. Termination over your race, gender, etc, or for retaliatory purposes such as punishing a whistle-blower, is against the law. However, if a contract that emphasizes job security exists between you and your employer, then at-will does not apply. Assurances of job security through conversation can also be a substitute for a contract in the event that one doesn't exist.

Protection against retaliation

Your employer does not have the legal right to terminate you for reporting sexual harassment or for other types of activities such as jury duty or taking medical leave. Terminating an employee for serving in the military, being absent from work to vote, and trying to establish a labor union would all be considered retaliation and punishable by law.

Please, contact us. We'll put the "right" in "wrongful termination."



Discriminated in the Workplace? – Some Forms you Might Not be Aware of

Thursday, February 16, 2017

When the term discrimination comes up in employment law, most of us immediately think of racial biased practices. However, the federal government has been clear in the scope that workplace discrimination is covered.

There are several areas of discrimination such as race, sex, color, creed and religion that most people are familiar with. There are also a few lesser known areas that aren’t in the news every day. These are the areas that you might be affected by and not realize it.

Age discrimination – designed to protect workers over the age of 40. These laws are intended for the group of workers who are slightly older than their peers in the workplace. The standards for equal pay and assignment of duties must be met by that employer who has older workers on the staff. This includes the language used in the workplace. While the law doesn’t pertain to teasing or even slightly disparaging remarks, it does go to that extent when the workplace becomes a hostile environment because of it.

Disability – the laws regarding disabilities are such that the employer should make certain, but limited, accommodations for the employee to fulfill his work duties. When this isn’t done, the employer has failed in their obligation to disabled employees. Disability discrimination also goes a step further in that it covers people who are discriminated against because of their association with a disabled person.

Disabled employees have the same rights as everyone else in the workplace. They are sometimes subject to lower pay or the relegation to less desirable positions and are even the subject of disparaging language

Sexual harassment – can be taken in many forms, some of which are subtle and some that are overt. From unwanted touching and advances to inappropriate language and pictures, all can be found to be a form of sexual discrimination that is unlawful in the workplace. Harassment covers the actions of males and females alike.

Retaliation – the EEO laws prohibit punishment of an employee for exercising their rights under the law regarding the filing of a discrimination lawsuit. Retaliation covers any changes in the employee’s job duties, any confrontational language used against the employee, and spreading false rumors or intense scrutiny of the employee.

Every worker has the invaluable right to work in an environment that is free of discrimination and harassments of any type.

If you think that you have been discriminated on in any of these areas, contact us for a free discrete consultation. Trust your case to the most-trusted discrimination advocates.




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