Employees should know that they have the right against wrongful termination to avoid any unjust treatment from their employers.
Many employers think that they cannot be charged with a wrongful discharge lawsuit because their workers are -at-will- employees. However, they do not know that an at-will employment has its limitations. An employer may fire his or her employees at any time and for any reason as long as the purpose of termination is not discriminatory, retaliatory or illegal.
Employees are protected from wrongful termination under the federal and certain state laws. The following are the laws prohibiting employers from committing wrongful discharge of their employees:
Anti-employment discrimination laws Under anti-discrimination laws, such as California's Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964, it is unlawful for employers to terminate a worker based on his or her gender, age, national origin, race, or religion. It is also illegal to fire an employee because she is pregnant or has a medical condition that is associated to pregnancy.
Anti-retaliation laws
In legal sense, it is prohibited for employers to expel an employee for practicing his or her rights under anti-discrimination laws. For instance, if an employer terminates a worker because he or she filed an employment discrimination claim with Equal Employment Opportunity Commission, the employer may be charged with retaliation lawsuit.
Employee Polygraph Protection Act (EPPA)
Under EPPA, it is unlawful for employers to discharge an employee because he or she refused to take a lie detector examination.
Occupational Safety and Health Act (OSHA)
Pursuant to OSHA, employers are not allowed to fire an employee for making complaints about the former's violations of OSHA's regulations. Under the Act, employees have the legal right to protest if their employer failed to act in accordance with OSHA.
Family and Medical Leave Act (FMLA)
An employee who is eligible for FMLA benefits is entitled to request for a leave and to be assured that his or her job will be restored when the leave is over. Under FMLA, an employer cannot retaliate against a worker for taking a leave by termination him or her.
Employers must always remember that they cannot terminate their employees unlawfully. An employee who experienced wrongful termination has the legal right to file a lawsuit against his or her employer. It is advisable for him or her to get legal assistance from an employment lawyer to assert the case.
ABOUT THE AUTHOR:
Enzo Tacadao is a cum laude graduate from a respected university where he took up mass communication studies. As a writer, he has written articles of various topics about personal injury, employment, social security, and even business. But right now he focuses writing about somekeyword. Aside from being passionate about writing legal and news articles, he is also inclined to screenwriting and photography.
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