Illegal Reasons and Wrongful Termination Examples for Firing Employee
Having a secure job is essential to live in today’s world. No matter what your field is, your workspace should give you an assured job security for carefree working and best output. This enhances your productivity and also makes you do the work with utmost dedication. However, there have been many wrongful termination examples throughout time against which many policies have been modeled by the government for worker’s sake. In order to take the benefits of these policies, it is important to know the cases that fall under wrongful terminations. Given below is the list of major unjustified terminations you should know about.
Cases categories under wrongful termination
Discrimination
In many cases, employees file wrongful-discharge claims after being fired (or allegedly fired) for illegally discriminatory reasons. Terminating an employee because of their race, religion, color, sex, gender, national origin, age, or handicap is prohibited under federal and state law. This is among the most prevailing wrongful termination examples to which thousands of employees have lost their job to.
Retaliation
Wrongful firing motivated by vengeance is often observed in workplaces. This typically occurs when a company fires an employee for blowing the whistle on wrongdoing within the company, filing suit against the company, or cooperating with a government investigation into the company. Employment actions of retaliation include, but are not limited to, demotion, pay cut, harassment, and, most commonly, termination.
Whistle blowing
You cannot fire an employee for reporting a violation of a health or safety standard enforced by government departments like OSHA if your business is at fault. It is unethical and also illegal to remove an employee just because he has reported the workspace as dangerous. Every one of them has the right to have a safe environment for the job irrespective of how small it is. Consulting a worker’s compensation attorney can not only give you your job back but can also provide you with additional benefits that may be financial or even emotional.
Rejecting to be partners in crime
Consumer Court Amritsar – It’s against the law in most jurisdictions to terminate an employee because of their unwillingness to participate in anything you’ve done illegally. If an employee refuses to assist you in breaching the law or reports you for doing so, it is not allowed to terminate their employment as retaliation.
Employment contract violations
Dismissing an employee for a cause other than those specified in their contract is unlawful. Examples of such specifics that may be included in written contracts include grounds for termination and procedures for doing so. Only “good reason” will justify terminating the employment of an employee with an implied contract. Before firing an employee, it is wise to have their employment contract reviewed by an attorney.
Citizenship
The termination of an employee because of their nationality or place of birth is prohibited if the institution does not ask for citizenship before giving the job. According to various anti-discrimination laws, this constitutes a prohibited form of discrimination in the United States and many countries around the world. If this has happened to you, it is wise to consult a workers comp attorney as soon as possible.
Medical condition
Sustaining an injury or incapability while working under the institution can not be a basis for throwing the worker out. They can be compensated with a large amount of money that depends upon the rules followed in the country. Also, an employer can not fire an employee for taking long leave if they fall under the FMLA or for requesting such leave.
Public policy violations
An employer may not fire an employee for engaging in activities that are protected by public policy, such as serving on a jury or voting in an election. The employer can be caught up in a lot of trouble if he fails to give a satisfactory justification for your termination to the work injury lawyer.
Conclusion
There are plenty of wrongful termination examples in the workplaces that are performed by employers against the laws. Though they might justify their decision, it is better to consult an attorney in these cases for better understanding of termination and whether it is legally valid or not.
