Prominent Examples Of Wrongful Termination
Job loss is difficult for anyone, even more so when your termination is based on illicit grounds. There are laws to protect all employees from unfair treatment, including protection from wrongful termination. However, there’s a difference between feeling like the termination is unfair and experiencing wrongful termination.
So, we’ve listed some prominent examples of wrongful termination. If you relate to any of these instances, you must find legal assistance for unemployment.
Discrimination And Harassment
It’s against federal law to terminate an employee for discriminatory reasons that include race, gender, disability, religion, and even age. In addition to this, instances of harassment that lead to termination are also against federal law; an employer cannot legally terminate an employee in retaliation to harassment or discrimination claims.
As younger generations prove more vigilant to fairness and equality, more professionals are standing their ground in hopes of creating positive work cultures. With this, the Great Resignation is taking roots worldwide as employees realize they deserve better from their employers and work environments. It’s never been more vital for employers to keep employees happy at work.
Unfortunately, workplace discrimination remains a prevalent concern, and reporting these instances is essential in abolishing toxic work cultures.
Retaliation
As mentioned above, employers cannot fire an employee in retaliation. Suppose you have reported a hostile work environment, claimed compensation for an occupational injury, expressed health or safety concerns, or refused to participate in illegal activity and were swiftly fired. In that case, you must consult an employment lawyer.
Breach Of Contract
Your employer is not allowed to fire you in a way that breaches your employment contract. As a result, if you were not given relevant notice or were fired in any way that contradicts your employment contract, you are likely entitled to compensation from your employer.
Failure To Provide Relevant Accommodations
Failure to provide accommodations refers to adjustments within a workplace to accommodate employees with disabilities. If you have any kind of disability and your employer refuses to make suitable accommodations for you to perform your job role. In that case, you can take legal action against your employer, especially if this decision leads to wrongful termination.
With this, your accommodation requests must be relevant and have no negative impact on the business.
Ignored Leave Entitlements
It’s also considered wrongful termination to fire an employee for going on leave. Leave entitlements can also not be refused by management or an employer; even if the company needs your expertise or the company is short-staffed, you are entitled to use leave days according to your contract specifics and labor laws.
It’s essential to consult an employment lawyer if you have been fired for using your leave entitlements as stated by your employment contract, whether annual leave, sick leave, family responsibility leave, maternity leave, or others.
It’s challenging to face a job loss, and the impacts are amplified when wrongful termination is relevant. It’s vital to seek legal counsel and take action against your employer. Enforcing justice on your employer is not just fundamental for your own career path and financial compensation needs but also to lend a hand in rectifying these illegal workplace practices.
Read more: Reasons Why You Might Need a Disability Lawyer
Read more: 5 Wrongful Termination Examples in California
