In most states, neither the employer nor the employee needs an actual reason to terminate employment. However, wrongful termination occurs when an employee is fired for a reason that is deemed illegal or violates company policy or their contract of employment. Here are the four most common reasons why employees file wrongful termination suits.
This is the most common reason for a wrongful termination suit to be filed. Discrimination takes many forms and includes unfair treatment on the grounds of race, religion gender, sexual preference and age. This is illegal in America, but people still lose their jobs due to the prejudice of others or feel that they have no alternative but to quit their employment because of it. Discrimination can be overt, where a person blatantly discriminates against another due to their own prejudiced beliefs. This is often easier to prove than covert discrimination which is more subtle and may take the form of an inappropriate joke or sly comment. Both types are totally unacceptable and have no place in the working environment. If you feel you have been discriminated against and wish to file a wrongful termination suit because of it, contact lotaslegal.com who have a wealth of experience in these situations.
The Whistleblowing Protection Act became federal law in 1989 and has since been updated with legislation, such as the Dodd-Frank Act. It refers to a person who exposes information or behavior that is unlawful, unethical, or otherwise incorrect within an organization. It is important for individuals to have this protection so that they feel able to expose issues such as health and safety concerns or the misappropriation of company funds. However, often firms dislike whistleblowers who stop them from running their organizations in the manner they would like to, and retaliation in the form of firing the whistleblower can occur. This leads employees to file wrongful termination suits.
Breach of Contract
If an employment contract is in place, it is important that the employer and employee both follow it correctly. If an employer does not adhere to the terms and conditions set by the contract, then they are in breach of it and a suit can be filed. Examples of this include when a company fails to pay their employee on the agreed date or if they change the employee’s contract without consulting them first. The employee often feels aggrieved, and this can lead to a wrongful termination suit.
Refusal of Employee Leave
A company does not legally have to grant leave or pay holiday pay, but they must consider a reasonable request. There are occasions when an employee must take time off, for example if there is a death in the family. They may feel that they have no choice but to leave their job if they are not granted this and file a wrongful termination suit accordingly. An employer needs to be flexible in some circumstances to avoid a lengthy court battle.
These are the top four reasons why employees file wrongful termination suits, so make sure you are aware of them whether you are an employer or employee.