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Wrongful Termination
Ten Things to think about:
Do you know what wrongful termination means? Do you know that there are many
things employers can do to inadvertently expose themselves to a wrongful
termination suit? Do you know the steps that must be taken to bring a
wrongful discharge claim? Do you know that employees can receive many
different types of damages if they have been wrongfully terminated?
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Although many employment
relationships are “at-will”, meaning that either the employer or the
employee may terminate the relationship at any time with or without
reason that does not mean that employers can act in a discriminatory
manner. If an employer terminates an employee, even one who is
“at-will”, in violation of federal, state, or local anti-discrimination
laws, it can face serious legal troubles.
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Federal
anti-discrimination laws protect employees from being discharged or
otherwise penalized with respect to the terms and conditions of
employment on the bases of race, color, national origin, sex, religion,
disability, pregnancy, and age. State laws may mirror these categories
of protections and may also expand upon them.
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Not all wrongful
termination claims are discrimination based. If an employee is given a
contract of employment, either expressed or implied, and is terminated
in violation of, the contract he or she may be able to bring a claim for
wrongful terminated and breach of employment contract.
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Wrongful termination
suits may also be brought in situations where the employer has
retaliated against an employee for exercising a right that is supported
by public policy within the jurisdiction. For example, if an employee is
terminated because he or she reported the employer to a government
agency for violation of workplace safety laws, the employee may be able
to successfully bring a wrongful termination lawsuit.
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If an employee refuses,
at the demand of the employer, to perform an illegal act and is
subsequently terminated, there may be a wrongful termination cause of
action. For example, if a construction employer demands that an employee
perform work at a height without safety ropes and the employee refuses
and is thereafter fired.
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If an employee is
terminated for taking time off, under a law which gives them a legal
right to have the time off. For example: time off to vote or military
service.
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An employer who has not
followed specific disciplinary and termination policies, that are in
place, can also face a wrongful termination lawsuit. For example: an
employer has a handbook that states that employees are entitled to
receive two written warnings for misconduct or poor performance before
they are terminated, and an employee is terminated after receiving only
one warning.
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If an employee claims
wrongful termination and is in a “protected class”, such as age or
gender, there are federal laws and filing requirements with the Equal
Employment Opportunity Commission (EEOC), similarly, if the employee is
seeking the protections of State anti-discrimination laws, a
claim/charge must be filed with the state or local equivalent agency.
Legal consultation may be necessary.
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Depending upon the
situation, damages available to wrongfully terminated employees may
include back pay, promotion, reinstatement, front pay, compensatory
damages, required reasonable accommodations, injunctive relief, punitive
damages, and attorney’s fees.
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It is a good idea for
both the employee, and the employer to consult and/or retain legal
counsel. An experienced attorney can help sort out the various issues
and protect the rights and reputations of the employer and/or the
employee.
Source:
Avila & Shaddon Attorney at Law
Woodland Hills, Ca
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