Wrongful termination is more common than what most people believe. Many employers make their employees believe that they don’t have many rights when it comes to the terms of their employment. An employer can fire you but only if he or she has a proper and valid reason for doing so. There are many legal laws that protect employees and when employers ignore them to fire people then the law can step in. To help you become more aware, we bring you five cases that constitute as unlawful when it comes to employee termination.
1. Violation of Implied or Written Promises
When you accept employment from any company, you are bound to sign an employment contract. This contract is a written proof and stipulates all the details related to your employment. Most agreements also specify a certain amount of time that you are guaranteed work. If this time frame is indeed included in your agreement but you were still fired in the given bracket then this does mean you were terminated unlawfully. The employee handbook also might also have details about the policies and you can also check that for further details.
Discrimination is one of the main reasons for unlawful termination. The laws state clearly that you can’t be fired because of your sexual orientation, disability, gender, any disability, and race.This is further expanded to marital status, ethnicity and pregnancy. When the employer is handed a lawsuit based on discrimination, he or she has to prove that you were fired for a business-related reason. They will have to submit details regarding your poor performance and the appropriate documents to prove you were fired because of your negligence. Discrimination is difficult to prove in court because employers can falsify evidence and therefore remember to hire an experienced lawyer if you think that you suffered this.
3. Breach of Trust
Breach of trust means going back on the promises that your employer made with you. It means that he or she mislead you to believe something and fired you in the end for a trivial reason. This includes lying about certain sales incentives, promised wage rise or refusing to pay you for a sales commission. A breach of trust is also valid if your employer fired you to keep someone else on a smaller paycheck as compared to yours.
4. Violation of Public Policy
This is subjected to conditions but in a nutshell, violation of public policy means that you can’t be fired if you took time off to do certain public duties. This includes serving in the military, for jury duty or to vote. In some states, an employee also can’t be fired if he or she took time off for medical reasons. If you believe that you were fired for any of the reasons stated above then you can file a lawsuit against your employer for wrongful dismissal.
5. Your Employer Did Fraud
Sometimes employees are fired to protect the interests of their employers. This generally happens when the said employer is involved in fraud or has acted in an illegal manner. If you were forced to resign by your employer for the reasons stated above or if you were tricked to be involved in the fraud committed by your employer then this will come under the grounds of wrongful dismissal.
The above were some signs that show that you were terminated wrongfully. There are even more like defamation, whistle blowing etc but the signs of the above statements are the most common ones. If you too were a victim of wrongful termination then contact your lawyer immediately as it is better not to delay lawsuits of this kind.