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Employment Law and Unlawful Termination

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.”