Wrongful termination is a major case of worry at workplaces as it is a form of illegal discrimination. Every employer is required to provide a reason to the employee if the employee is fired. Termination mostly takes place if the employee fails to meet the requirement standards of the company. In this case, a beforehand warning must have been given to the specific employee. Even after a prior warning, if the employee still does not meet the company standards, he / she can be terminated.
But if a person is fired all of a sudden from his work and if he is not given any satisfactory reasons for his termination, it is termed wrongful termination.
Most of the people in the United States work under employment-at-will. Under this, the employer has the right to terminate any of his employee at any time without providing any good reason. The law allows such termination if you are employed under employment-at-will. To know if you are employed under this, you can approach your employer or the legal department of your company.
In case you have signed a contract with your employer for a definitive period of time, then you may not be employed under employment-at-will. In this case, it is mandatory for your employer to provide a valid reason for your termination. If he fails to do so, you can deal with the company legally. Make sure you refer the paper work that you signed when you joined the organization states that you are not under employment-at-will.
Federal and State laws find it illegal for any employer to terminate his employee based on his race, creed, gender, age, sex, disability, nationality, genetics, religion etc. These characteristics cause illegal discrimination in the workplace. The employers must make sure that they don’t create a hostile working environment for their employees by creating illegal discrimination in the workplace.
In case an employee reports the unlawful activities or violations that an organization carries out, the law provides full protection for the employee from being terminated from the company. Whistle blowing often takes place when the organization violates any environmental law. In such cases, when the employee is terminated he can file a law suit against the company to get back his job and other benefits from the organization.
The employee has full rights to restrain himself from performing any illegal activities even if it is recommended by the organization or its higher officials. No employee can be terminated just because he didn’t indulge in such an activity. The law provides protection in such cases too and the employer is required to provide a satisfactory reason in case of termination.
Know your workplace rights and understand the service agreement completely. Read the paper work that you sign during your joining process with the organization. In case you have any legal queries, you can clarify the same with your attorney or the company’s legal department.