Mostly, this happens when one fires an employee illegally without any reason or for reasons that violate the policy of the company. Wrongful termination is the termination in which an employee quits the job at any time. The employer has to give a particular reason for the employee’s termination. Otherwise, there is a particular employee termination policy that has to be followed.
Wrongful termination will allow you only to claim the damages. This termination will be legal if it is unfair. You have to speak to your lawyer if your termination is illegal. Your pedestrian accident lawyer will help you by giving you advice on some of the cases. There are some reasons which make the termination illegal. Some of the discretions are also allowed for termination but there are many cases that have protected unemployment.
Some of the examples of wrongful termination are:
- If the termination is retaliation.
- If you are assisting in illegal activities.
- Term contract will also help you. An employer can not fire you without any cause.
- For some of the discriminatory reasons.
Damages under wrongful termination include pain and suffering, financial losses, etc. The pedestrian accident lawyers will help you to collect your lost wages, lost benefits, lost opportunities, emotional distress. Our lawyers will charge reasonable fees for you. You will get free advice from the wrongful termination attorney about your case.
Particular things you must know about wrongful termination:
- Unfair termination is not compulsory illegal:
Employers have the right to fire their employees for any of the reasons. Sometimes, the employee feels that their termination is irrational and unfair. There are many exceptions to this: the termination is legal and the concept of wrongful termination does not apply.
- Breach of the employment contract:
The written employment contracts of jobs promising to the employees are not considered as the will-employee. The employer writes such contracts which protect the employee from the will- termination.
Example:
If the handbook of the company states that the employees can be fired only for good purpose then it is considered as an implied contract. And if they fire an employee without any reason then they can claim legal breach of the contract.
- Exception of workers compensation:
An employer can not terminate his employee for compensation. If he is fired for the worker’s compensation, then the employee has to show their applied documents that they had not applied for the wrongful termination.
- Safety concerns of the workplace:
The employers have no right to fire the employee who has good trust with him. And the one who reports safety violations to the organization.
- Illegal Act:
If the employer fires his employee for declining to perform the act then he can sue for wrongful termination. Such an act will create any criminal liability under federal law.
- Wage hour protection:
There are many laws which describe how the worker’s wages and hours can get a handle. Employers can not fire their employees under these laws.
Example: If the employee works more than 40 hours per week, then the federal laws have to pay him overtime.
- Protected time work:
There is some legal right that the employee can take some day off. For such reasons, the employer can fire their employees. Such rights are:
- Voting leave:
Employees can take voting leave. Employers have to pay their employers during the time of the voting. Otherwise, there are 2 hours of working at the time of polling.
- Medical leave:
If the employees take any medical leave then they are not fired by the employer. Such leaves are taken by the employees in some of the serious conditions or to care of their family or the child. Such leaves are called Family and Medical Leave (FMLA) leaves.
- Military leave:
The federal law will give their employees the right to take five years of leave for serving in the military.
- Employers can not fire their employees for jury services. There are some of the special damages that an employer has to bear if he terminates the employee based on jury services.
- Whistleblower:
If the employee is suffering from the unethical behavior of the employer then he can report such conditions to their supervisors or colleagues.
Conclusion:
Wrongful termination is such a termination where an employee can leave the job anytime. With the best wrongful termination attorney, you will get the best lawyers who will make you win. The pedestrian accident lawyer will give you the proper structure of your case. The employees will get many benefits under it.
