Wrongful termination continues to be a critical issue, even with the various legal defenses against it. For reasons known only to the employer, they end up dismissing an employee in a way that violates legal or contractual rights. What this leads to is an employee suddenly facing unemployment, and an employer ripe for legal action.
According to the experts at Carey & Associates, P.C., wrongful termination typically hinges on the violation of three key factors: anti-discrimination laws, whistleblower protection laws, and employment contracts. Here’s a detailed breakdown of these factors…
Violation of State and Federal Anti-Discrimination Laws
Anti-discrimination laws at both the state and federal levels protect employees from being terminated based on certain protected characteristics. These characteristics include race, color, national origin, sex, religion, age, disability, and more. Laws such as Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA) are designed to prevent discrimination in the workplace.
When an employee is terminated due to their membership in a protected class, it constitutes wrongful termination. Employment lawyers play a crucial role in identifying and proving discrimination by gathering evidence, such as discriminatory remarks, disparate treatment, or patterns of discrimination within the organization.
Violation of State and Federal Whistleblower Protection Laws
Whistleblower protection laws are designed to safeguard employees who report illegal, unethical, or unsafe activities within their organizations. These laws protect employees from retaliation, including termination, for speaking out about misconduct. The Sarbanes-Oxley Act, the Whistleblower Protection Act, and various state-level statutes provide legal protection to employees who act as whistleblowers.
Wrongful termination claims can arise when an employee is fired in retaliation for reporting violations of laws or regulations, such as fraud, environmental violations, or safety hazards. Employment lawyers are well-versed in whistleblower protection laws and can help employees navigate the complexities of proving retaliation. They work to demonstrate the causal link between the whistleblowing activity and the termination.
Breach of Employment Contracts
Employment contracts are legally binding agreements that outline the terms and conditions of employment, including job responsibilities, compensation, benefits, and grounds for termination. A breach of these contractual terms can lead to a wrongful termination claim. Employees with written contracts or implied contracts based on company policies or verbal agreements may have legal recourse if the employer fails to honor the terms.
For instance, if an employment contract specifies that an employee can only be terminated for cause, and the employer dismisses them without justifiable reasons, it constitutes a breach of contract. Employment lawyers assist employees in reviewing their contracts, identifying breaches, and pursuing legal action to seek remedies.
Importance of Seeking Legal Assistance
Legal professionals possess the knowledge and skills to assess the merits of a claim, gather evidence, and build a compelling case. Their assistance is crucial in helping employees understand their rights, negotiate settlements, or pursue litigation to achieve justice.
Employment lawyers also provide valuable guidance in determining the most appropriate course of action, whether it involves negotiation, mediation, or taking the case to court. Their advocacy ensures that employees have a fair chance to present their case and seek the remedies they deserve.
They encourage seeking legal action against erring employers – not just for justice but to discourage them from hurting other employees. As such, don’t hesitate to reach out! An expert attorney can leverage their experience and skill-set to understand your needs, and identify next steps accordingly. From filing complaints with appropriate authorities to litigating the case – these experts will stop at nothing to ensure you get the justice you deserve!
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