One of the most painful experiences that an employee can have is getting wrongfully terminated. For most workers, their job is their source of livelihood and becoming unemployed without sufficient cause. Although employers have the option to retain the employees they want to stay in the company, Melton Law Firm says that it should be within the limits of the law. If not, they can be held liable for wrongful termination.
It is worth noting that most employees are “at-will” which means that they or their employer can terminate at any time with or without reason their relationship. However, this does not give employers the right to unjustly terminate their employees. Federal anti-discrimination laws protect employees from being illegally dismissed from their work. Thus, their company cannot just terminate them on the basis of color, race, age, nationality, gender, and others.
Wrongful termination also happens when an employer retaliates against the action of an employee. For example, the employee reports them to a government agency for violating workplace safety laws. If the employer terminates the employee for doing so, they can be liable for wrongful termination. The refusal of an employee to perform an illegal act should also not be made a ground for termination. The employee just exercised their right and their safety is at stake.
If you have been wrongfully terminated, you have to prove the manner as well as the reasons your employer did. This requires gathering evidence. In most cases, you cannot go to court right away. You will first have to lodge the complaint with the Equal Employment Opportunity Commission (EEOC). The agency will study the case and render a decision. A successful claim may entitle you to get damages such as back pay, promotion, reinstatement, front pay, compensatory damages, punitive damages, and others.
As with any case, a wrongful termination claim is also covered by a statute of limitation. Upon receipt of the right to sue letter from the EEOC, you only have 90 days to file your lawsuit.Read More