Wrongful Termination

Posted by on Sep 26, 2014 in Business | 1 comment

One possible cause of worry for job applicants and the newly employed is the latest growing practice among employers all across the US – the adoption of the “Employment at Will” doctrine – a short phrase, but which can cause lots of disadvantages, especially on the part of the employee. This “at will” phrase is openly indicated in job application forms and employees’ handbook, and though it gives employees the right to resign from work anytime, whether he/she has acceptable reasons or not, it also gives the employer the upper hand of terminating an employee anytime despite the absence of a justifiable cause.

Despite the legality of the “at will” employment principle in almost all states, these same states still hold termination of an employee (including denying an applicant employment) due to discrimination an unlawful act. And though claims regarding discrimination (as the cause of termination) may be harder to prove, the U.S. Equal Employment Opportunity Commission (EEOC), which enforces anti-discrimination laws, will not be stopped from investigating any complaint and from filing a legal case against the employer if discrimination is proven.

Wrongful termination occurs when an employee’s dismissal from work constitutes a violation of any of the terms contained in the contract of employment or the stipulations in the employment law. Employers ought to know the various laws that protect the rights of employees (and job applicants), laws such as those enforced by the EEOC (one of which is Title VII of the Civil Rights Act of 1964, which prohibits all forms of workplace harassment, discrimination and abuse based on religion, sex, race, color, or national origin) and the Employee Rights against wrongful termination.

The Employee Rights Law, in particular, includes the many different rights that have been passed, such as: protection from any act of discrimination; rights to return to their previous job after active military duty; limits on drug tests; right to just wage; the right to form and/or join a union; take leaves (without pay) due to birth, adoption, or serious health concerns; right to a healthy and safe working environment; right to workers’ compensation; and so forth.

The most often proven causes of wrongful termination are discrimination, complaining about discriminatory practices, whistle blowing, or an employer or immediate superior retaliating against an employee due to his/her refusal to perform an illegal act. Cary Kane LLP is one law firm that is very familiar with the many issues regarding employment, especially discriminatory practices in the workplace and wrongful termination. In its website it encourages victims (and those who feel they may be victims) of workplace discrimination and illegal dismissal from work to get in contact with a legal professional immediately for the proper legal actions that will save them their jobs and reputation in the workplace.

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