In recent years there have been quite a few layoffs and terminations of jobs nationwide, some of which are justified and some of which are not. Wrongful termination is not a new subject in the employment world and is still an issue today. It is important to research the facts about wrongful termination to see if you have a case against your employer. Those who were wrongfully terminated should be compensated for the violation of their rights.
Many employers are using the current economic status as an excuse for terminating employees, but it does not always mean that is the case. It is a good idea to keep track of as much as possible and discuss with a lawyer if you have a wrongful termination case.
“At Will” Abuse
A majority of employment agreements are “at will”. These agreements are not contracts, meaning they are not fixed terms of service agreed by both parties. Thus, these agreements can be terminated at any point in time by the employer or employee, even without stating a reason. Although the termination is “at will”, discrimination and other laws violated are not considered justified. In order to take a wrongful termination due to discrimination to court, you will need valid evidence.
Where You A Whistle Blower Or Did You Refuse To Violate A Law?
Whistle blowing is the act of an employee reporting an employer for violating the law. Retaliation of any kind is not permitted such as termination. If a whistle blower was discharged they can file a suit to receive compensation. Some employees are asked to break the law and refuse to do so. In return they have been known to be wrongfully discharged and have a case against the employer.
Did You Take A Leave?
As long as you have a valid reason within the laws that protect you, it is considered wrongful discharge if you were terminated due to a leave of absence. Instances include family leave, military obligations, maternity leave, or voting. Violating family leave and maternity leave rights is very common and illegal. A majority of these cases favor the employee and they will have a better chance of earning compensation.
Were The Proper Procedures Taken?
There are a large portion of businesses that have a firm set of procedures they need to adhere to before terminating an employee. Some procedures include a certain amount of warnings, if they failed to do so in a termination they can be sued.
Compensation Isn’t Immediate
Even if you took your case to court and won, actually receiving the compensation can take years. This is why it is important for those who are not making any income to take action immediately to replace the lost wages. There are things such as unemployment to help you get on your feet until you can find a new job.
Additional Legal Site: The Shavitz Law Group. Serving clients in Boca Raton and Miami, FL.