Commonly, when you start an employment with a company, you
are oriented of your job description, responsibilities and the
employees' code of conduct. The code of conduct or usually
known as employee rules and regulations guides employees on
the things they need to do in order to be considered worthy of
prolonging their employment and receiving promotions and
incentives
On the other hand, it also shows the employees the things
they are forbidden to do which opposes the overall goals and
objectives of the company. The rules also impose warnings and
punishments for those who may be caught violating the rules
and regulations. Sometimes gross violations may even lead to
termination of employment.
However, if your employment has been terminated on unknown
grounds, it would constitute wrongful termination. Generally,
being wrongfully terminated means that you have been
discharged from your employment for unjust reasons.
Still not every unjust or unfair discharge of an employment
constitutes wrongful termination. Though this is the most
widely used term, other terms referring to unfair or unjust
employment discharge are the following:
- wrongful
firing
- wrongful
discharge
- wrongful
dismissal
- illegal
termination
- illegal
dismissal
- illegal
discharge
These alternate terms connote that an employer must have
discharged an employee, illegally, so that such act would
constitute wrongful termination. This is connotations is based
at the very least on the legal implications of such terms.
If you, as employee, believed that your termination seem
unfair, however, in the legal sense, the employer's discharge
of your employment cannot be classified as illegal, then the
act cannot be considered as wrongful termination.
It is helpful for an employee to be aware of the laws
involving wrongful termination. Though knowing and
understanding the laws would not prevent you from being
wrongfully terminated from an employment, your knowledge will
lead you to the ways of fighting against this unjust and
illegal treatment and stop abusive employers from practicing
such against others.
There is no federal law which concerns only the subject of
wrongful termination. However, a variety of federal laws
exists that prevents employers from illegally
dismissing/terminating or discharging their employees.
Wrongful termination may be wrongful if:
- it
violated the Federal or state's discrimination law
- it
violated the rights indicated in the "First Amendment
to the U.S. Constitution"
- the act
itself violated the discharge policy being enforced by the
employer
- led to a
breach of implied or explicit contract of employment and/or a
collective bargaining agreement between the employer and union
- led to
infringement of the "covenant of good faith and fair
dealing"
- employee
is not willing to break a rule or law
- disguised
in a false statement of facts
- due to
employees' jury duty
Furthermore, it might be considered wrongful termination if
the employer discharged an employee as retaliation for the
following:
- lawful
exercise of employee rights based on the appropriate labor and
employment laws
- lawful
exercise of union rights
- taking
legitimate leave under the FMLA or Family and Medical Leave
Act
- served
time in the country's military reserve
- whistle
blowing
Based on several significant provisions in wrongful
termination laws, victims can seek relief and damages by
filing certain complaints with the respective government
agency enforcing the laws that had been violated. Victims can
also file private lawsuits against their employees or even
both of these legal actions.
Keep in mind that knowing your rights and learning what you
can do about any violation of it is empowering enough for
employees.
~ For more information about the legal implications and
actions about wrongful termination
,
consult with wrongful termination law attorneys at
www.mesrianilaw.com/Los-Angeles-Wrongful-Employment-Termination-Lawyers.html