Employers have a lot of legal protection when it comes to firing employees. They can fire someone for many reasons in most states, but there are some exceptions. The Fourteenth Amendment of the U.S. The Constitution guarantees that the “privileges” granted to citizens by the federal government will not be diminished or taken away. Florida recently expanded upon this guarantee and added two new exceptions to the general rule. These exceptions do not apply to the average employer.
When Can you Sue an Employer for Wrongful Termination?
Wrongful termination is a very serious matter. Most of us have been fired, and even though some of us were terminated for good reasons, we can’t help feeling upset and angry that our jobs were terminated. An employee who has been fired is entitled to sue his or her employer for wrongful termination. Whether the termination was based on poor performance or even discrimination, the employee may be able to recover damages through a lawsuit.
The continued growth of the gig economy has brought more and more people into the world of employment law. It has also made employers more aware of the legal consequences of terminating an employee and more likely to consult with an attorney before doing so. The courts have long carved out exceptions to the employment-at-will doctrine. Perhaps the most famous of these exceptions is the “at-will” doctrine. This means employers can fire employees for no reason at all or for any reason, provided the reason is not illegal. But where does this leave the employee who is wrongfully terminated?
If you are fired for something that seems like an innocent mistake, you may not have much hope of winning your case in court. A court will look at the circumstances of your termination, and if the employer acted reasonably, it’s unlikely you’ll win your case.
What are the Examples of Wrongful Termination
In the United States, workers’ rights are protected under federal law. The U.S. Constitution guarantees the right to work in peace. In addition, most states have their own laws to protect workers, like Michigan’s Wrongful Termination Act. Many people believe that because they can’t be fired for specific reasons (like race, gender, religion, or age) that their employer can’t fire them for anything, ever. Wrong. The truth is that employers can fire you for just about any reason, even for things that may not seem wrong at all.
It happens at times, all too frequently. An employee is hired, trained, and hired again. And again. Then finally, the person is fired. And the employee has no legal recourse. So, what can the person do? The answer is simple: the employee can take the company to court for wrongful termination. If you’ve been employed for a while, you’ve probably seen an HR manager or two at some point. If you’re a regular employee, you’ve likely received a few warnings about your behaviour or performance. If you’re a manager, you’ve likely fired someone—or fired at least one or two people—at some point. HR managers and HR professionals can be very good at their jobs, but some of them make mistakes, and many of their mistakes are illegal.
A key factor in whether you win your wrongful termination lawsuit is whether your employer had a legal justification for firing you. A good way to find out if your employer’s reasons are legitimate is to read the relevant standard employment contract, which should be available in or near the HR department.
A wrongful termination is a term used to describe the severing of an employment relationship without the proper notice of termination period. The majority of wrongful termination cases have to do with employers hiring employees who are not qualified for the job or terminating an employee who takes leave or commits a serious act of misconduct.
If you were fired from your job and believe that you were wrongfully terminated, you should consult with an attorney.