One of the hazards that employees might encounter while working is wrongful termination that the labor laws seek to prevent. Wrongful termination is defined as the invalid dismissal of a worker due to his or her race, nationality, status or gender. Therefore, this type of case, if ever made into a complaint would be founded on the premise of discrimination.
Once an employee would like to have his situation be litigated at court, it is advisable to seek lawyers for wrongful termination. These professionals can aid them in going through the process of litigation, which could be a hassle for people who are not adept about employment laws.
Nonetheless, before proceeding, the lawyers for wrongful termination could determine the following so that they will be able to pinpoint if the actions done really constitutes to the aforementioned illegal act. Some of these include the following:
- Termination which is against the signed contract or agreement between the employee and employer
- Termination in order to harass the employee sexually
- Termination which violates federal laws and the Americans with Disabilities Act of 1990
- Termination because the employee has acted as a whistleblower against company policies that oppress labor rights
In addition, as supporting evidence to the accusation made by the employee, it is important that they have listed the name, location, people involved and the time the incident happened. By doing this, there would be a solid foundation to what they are claiming.
Another reason for the termination can be retaliation. In this case, the company can be subjected under the whistle-blowing laws. Retaliation occurs when the employee may have testified about the illegal act done by a superior in the company, in which afterwards the company dismissed the worker in response for doing so.
Any employee, therefore, has the right to sue against the company. Furthermore, after winning the case, the claimant can be entitled to collect fees and can even have his or her job back.