According to the Center for American Progress, approximately one in five workers in the US have experienced wrongful termination at some point in their careers. Unlawful or wrongful termination occurs when an employer dismisses an employee in violation of federal, state, or local laws.
Unlawful termination includes discrimination, retaliation, wage-and-hour disputes, or breach of contract. Keep in mind that these employment policies vary by state. For instance, under San Diego’s unlawful termination laws, employees are protected by various legal provisions that prevent employers from terminating employees based on unlawful reasons.
Unlawful termination laws prevent employers from terminating employees based on race, color, religion, national origin, age, disability, genetic information, or pregnancy.
As an employee, being aware of your rights can make a big difference. This article will explain what constitutes unlawful termination and how to resolve it.
Understanding Unlawful Termination: Definitions and Overview
Unlawful termination occurs when an employer terminates an employee in violation of employee protection laws or a union agreement. If you feel that you have been illegally dismissed at work, you are entitled to seek legal action. You must be well informed of your rights as an employee to recognize incidents of unlawful termination and take appropriate steps to protect your rights.
Employees are protected by specific laws, and violating those laws during termination can lead to legal consequences. Issues such as breach of contract or retaliation may arise, especially in cases involving whistleblowing.
Having thorough documentation can help strengthen any cases of unlawful termination.
If you’re confused or have questions about your firing, consult an employment lawyer to learn your rights and what to do next.
Types of Discrimination Leading to Unlawful Termination
Unlawful termination can occur for many discriminatory reasons. Firing an employee based on their race, sex, age, disability, or other protected characteristics is illegal under employment law.
If your dismissal occurred after your maternity leave or pregnancy, it would be considered discrimination.
Unlawful termination can also happen to whistleblowers and employees who report incidents of harassment.
Knowing these factors is important to protect your rights in the workplace.
A whistleblower or a witness to harassment may also be unlawfully fired.
Understanding how these factors can lead to unlawful termination is important for workers to protect their rights in the workplace.
Don’t hesitate to hire an employment lawyer if you feel that discrimination was the root of your termination.
Retaliation: When Employees Face Consequences for Speaking Up
Employees who speak against workplace injustices like harassment or unfair treatment could face retaliation, such as having their hours reduced by the employer, being demoted, or being wrongfully terminated.
The act of retaliation is illegal and leaves you very vulnerable and isolated. It is important to document any instance of retaliation by an employer to help a lawyer establish a valid case of unlawful termination.
As per California employment laws, an employer may not retaliate against an employee who reports an unlawful activity.
Every employee deserves a retaliation-free workplace.
Breach of Contract: What Happens When Employment Agreements Are Violated
Employment contracts define terms of employment and clarify job expectations. They serve to protect the interests of both employers and employees.
If an employer fails to meet their contractual obligations, it may be considered a breach of contract. Common violations include not paying agreed wages, changing job duties without proper notice or consent, or terminating employment without following the terms outlined in the contract.
Employees have the legal right to seek remedies for such breaches, which may include reinstatement, back pay, or compensatory damages, depending on the circumstances and local labor laws.
Claims of breach of contract must be supported by substantial evidence, such as contract documents and other evidence of any corresponding violation. Knowing your rights will put you in a better position to take action and address the issue effectively.
Steps to Take If You Suspect Unlawful Termination
If you suspect you were wrongfully terminated, take immediate and systematic action.
Collect all relevant paperwork, including your employment contract, all performance reviews, and all termination-related communications.
Draft a statement on the details of your termination. These details will help you if you decide to pursue legal action. If you want, you can discuss your situation with trusted colleagues to see if they know of any additional information that may be relevant to your case.
Talk to a wrongful discharge lawyer in your area. Discuss your legal rights and choices with them. If discrimination is involved, you must submit a complaint with a state Claims Commission or the Equal Employment Opportunity Commission.
Following these steps immediately may help you better protect your rights.
