Wrongful termination occurs when an employee is laid off from his or her job for illegal reasons, or if company policy was violated when the employee was terminated. There are many reasons this form of termination is wrong, from discrimination and constructive discharge to violation of a public policy, breach of contract, and an employer deliberately making the job unbearable for the employee.
Other examples of wrongful termination protected by law are whistleblowing and when an employee is being forced to commit an illegal act. Discrimination, in particular, involves unfair treatment and eventual work termination as a function of race, nationality, religion, gender, or age.
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If an employee thinks that he or she has been wrongfully terminated, the first course of action is to apprise himself or herself fully of his or her rights by consulting an employment lawyer. The employee should then have a list of possible and practical legal remedies, including checking with the company’s Human Resources department.
If the company HR is of no help, check with the US Department of Labor, through the assistance of your lawyer, for legal stipulations on employment and filing a claim for wrongful termination. Your attorney might also direct you to your state’s labor department.
Image source: expertbeacon.com
Daniel E. DeKoter is a lawyer specializing in civil litigation, business and employment law, and estate planning. He grew up in Maurice and Orange City and currently lives in rural Dickinson County, IA. For more on his firm’s work and services, visit this blog.
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