Wrongful termination refers to the situation when an employee is terminated by his or her employer wrongfully. Wrongful termination can occur due to various reasons that would be discussed later in this article. In case an employee is fired with a wrongful termination than in order to get all his rights and compensations that is associated with the company, a wrongful termination lawyer provides to be the most helpful person.
When the termination seems wrong?
There are many employees who work for an organization without any contract. That is they work “at will” and do not make any formal contracts of employment with their employer. This refers to the fact that their employment can be terminated at any point in time. In some cases, the freelance workers even though does not have any formal employment contract but they do have a contract stating that the employer cannot fire them without any clause. Whether the “at will” worker has any contract or not, it is not right to terminate anyone without any clauses at any time the employer wants. This is one of the examples of wrongful termination.
Sometimes it happens, that an employee informs the government regarding any unethical or illegal activity that is going on in the company. The employers have to face the law in such cases to justify their behavior. In such cases, the first thing that the employers do is terminate the concerned employee. This action has been regarded as a wrongful termination by law and any such actions by the employer would lead to legal action against them.
Another type of wrongful termination refers to “constructive wrongful termination”. In this case, the working conditions are made so worse by the employers for the employee that he or she is forced to quit the organization. In such cases, the labor laws state that the employee can quit the job if he finds the working conditions made unsuitable for him or her and they can seek compensation for wrongfully terminating them.
What about the rights of employment?
There are various laws that help in safeguarding the interest of the employers. Whenever an employee quits from an organization suddenly, then everybody would know that it is for a reason. In such cases, the employees can consult the wrongful termination lawyer but before that, it is advisable for them to check with the employers why they have been terminated and try to settle down the matter. If nothing works, then they can seek the advice of a Abogados de Terminación Injusta, who would help them with all the advice as well as fight the case for them so that they can get, if not the work back, then at least a compensation for wrongfully terminating them suddenly without a cause which had left them jobless.
Some examples of wrongful termination
- Terminating an employee who is in a maternity or a medical leave.
- If an employee files a sexual harassment complaint against the employer and in retaliation, they fire the employee.
- Harassing someone so much, both mentally or physically, that they were bound to leave the job.
- Discrimination at the workplace, which leads to wrongful termination because of caste, creed. Color, religion. Nationality, sexual orientation, age etc.
- The compensation is not provided as promised or on time.
- Not given proper breaks during shifts which lead to performance dip.
If any of these things have happened to you, or your loved one has been wrongfully terminated, please seek the help of a professional wrongful termination lawyer who would give you the best help.