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Wrongful Termination Archives

Hold a former employer liable for a wrongful termination

Employees count on their employers to pay them so they can cover bills and other life expenses. When you are terminated unexpectedly, you likely won't have the funds available to cover those expenses. You might think that there isn't anything you can do to remedy the situation; however, it is possible that you may have legal recourse that can help you to hold the employer liable for the situation.

Follow these tips after a wrongful termination

If you strongly believe you were the victim of wrongful termination, you shouldn't let your former employer get away this act. There are many steps you can take to prove that you were wrongfully terminated, which allows you to potentially receive compensation in return.

How do you prove a constructive discharge claim?

Discriminatory employers can't simply fire a worker because he or she is a member of a specific race or religion. For this reason, they could make working conditions so intolerable that the employee decides to quit. When this happens, it's called "constructive dismissal" – and just like firing someone for discriminatory reasons is unlawful, constructive dismissal is also a violation of state and federal employment laws.

Can I take time away from work for medical reasons?

Some employees in the United States benefit from certain privileges under the Family and Medical Leave Act (FMLA). This law specifically protects the jobs of workers employed at firms with 50-plus employees (within a radius of 75 miles) as well as workers employed by private and public schools and public agencies.

If you were fired for being gay, understand your legal rights

With the legalization of same-sex marriage, many Americans assumed that discrimination against individuals on the basis of sexual orientation was a thing of the past. However, this could not be further from the truth. In fact, if you're a member of the lesbian, gay, bisexual and transgender (LGBT) community, you know that you're always at risk of facing discrimination on the street, at work, at church and even at home.

Was I wrongfully fired under the pretense of downsizing?

If you have recently been fired, it is likely that you were surprised by the sudden and arguably unnecessary termination of your employment. While your employer does not need to give a specific reason for why you were fired, they cannot fire you for a wrongful reason. For example, they cannot fire you for a discriminatory reason such as your race, religion, pregnancy or sexual orientation.

Can I claim wrongful termination if I accepted severance pay?

When you had your employment terminated, it is likely that you were in a state of shock and perhaps panic. When such an unexpected thing happens, we may worry about our future, and especially about our finances. Therefore, when a severance pay package is offered, we will most likely accept it without thinking twice.

Can I be wrongfully terminated under at-will employment?

When a person is employed at-will in the state of California, it means that there is no notice period that either employee or employer must adhere to when ending the employment relationship. This means that the terms of employment are not very secure and there will likely be no severance package or other benefits to come with the employment termination unless it is stated in the contract.

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