Wrongful Termination Center
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If your employer has approached you about accepting a severance package, you should know that it's important to be represented by counsel for the best possible deal. Severance agreements usually involve the employee waiving important legal rights in return for a financial pay-out - but your legal rights may be worth more financially than the package on offer. Don't accept the first offer - take it to an attorney to talk it over.
Frequently Asked Questions about Wrongful Termination
Q: What are illegal reasons for terminating an employee?
A: Employers are prohibited from discriminating against employees in violation of federal and state employment laws. Under federal law, employers must not discriminate against employees based on race, color, religion, sex, national origin or age. They also must not discriminate against people with disabilities when those disabilities can be reasonably accommodated. Some states prohibit employment discrimination based on sexual orientation, marital status or whether employees receive public aid. An employee who is terminated in violation of an employment contract also may have a legal claim against the employer.
Q: What can I be fired for?
A: If you are an at-will employee, you can be fired for any reason as long as it is not illegal. You can be fired for misconduct such as excessive absences or tardiness or simply because your employer does not like your personality. If you have an employment contract, however, your contract may limit the reasons for which you can be fired.
Were you unlawfully fired from work in Cincinnati, Ohio -- or was your employer justified in laying you off? You may suspect that your firing means that you were the target of discrimination on the basis of race, age, sex, or disability. Were you let go in retaliation for reporting or complaining about sexual harassment in the workplace, or for blowing the whistle on illegal corporate bookkeeping? The Law Office of Marc Mezibov, encourages people who have been terminated, laid off or anticipate the possibility of illegal job severance to contact the law firm
Wrongful Termination - An Overview
Wrongful termination refers to the involuntary termination of an employee in violation of the law or an employment contract. For example, federal and some state laws enumerate specific characteristics against which employers must not discriminate. Employment contracts often spell out reasons that an employee may and may not be fired. If you believe that your employer terminated you in violation of the law or a contract, speak with an experienced employment law attorney for advice.
Protected Categories
Under federal law, employers must not discriminate against employees based on certain characteristics. It is illegal to make employment decisions based on:
- Race
- Color
- Religion
- National origin
- Gender
- Disability
- Age
In addition, some states ban discrimination based on characteristics such as sexual orientation and familial status.
Federal and some state laws protect workers from retaliation for:
- Whistleblowing
- Making legal claims against employers
- Filing complaints about workplace safety
- Refusing to work in unsafe conditions
- Filing for workers' compensation
If the reason for termination violates public policy, the employee may have a cause of action for wrongful termination. Reasons for termination that violate public policy include:
- Employee's refusal to commit an illegal act on behalf of the employer
- Exercising a legal right
- Complaining about or reporting illegal conduct of the employer
Breach of Contract
When an employee signs an employment contract, the contract often states that the employee may only be fired for good cause. Union contracts also may establish the same rule. Alternatively, the employee may have formed an oral contract with the employer to the same effect.
Sometimes, even when there is no explicit contract, the employee handbook establishes rules for termination upon which employees rely.
If an employer breaches a contract or agreement by firing the employee without good cause, the employee may have a legal claim against the employer. An attorney can explain whether the employee's rights have been violated and what the remedy may be.
Conclusion
Some reasons for termination are neither illegal nor contract violations. If a worker is an at-will employee, meaning that the employee or employer may end the relationship at any time and for almost any reason, the employer does not need good cause for firing the employee. The employer simply may not want to see the employee anymore. On the other hand, whether a contract exists or not, it is illegal to fire an employee in violation of the anti-discrimination and other laws described above.
If you or a loved one has been wrongfully terminated, or if you believe that you will be fired for a reason that violates the law or a contract, contact an employment law attorney for information on your rights.
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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
