Grounds for Wrongful Discharge offense

By: Mesriani Law Group | Posted: 19th May 2010

Being terminated doesn't always mean you are at fault: it may be the employer's fault. Examine carefully the reasons why you are fired. If you discover that it has discrimination or retaliation motives, you can file for Wrongful Discharge lawsuit.

Knowing your rights will empower you to be wiser and careful on your employer dealings. Even when you are on an "at will" or verbal contract employment, you can petition for your rights.

Here are the grounds wherein you can sue your employer for a wrongful termination act:

1 There was a breach in written employment contract. Review and examine the terms and conditions in your employment contract.

2. There was a breach in verbal commitment or promise of continuance at work.

3. Violation of a public policy (may include retaliation)

4. Violation of any State or Federal law. This includes discrimination. Discrimination in employment may include refusal of job opportunity or continuity due to age, race, gender, pregnancy, religion, and disability.

The Federal or state law protects employees who file lawsuits against their employers. The employers are prohibited from terminating employees who filed lawsuits against them.

The employer should not terminate an employee due to the following reasons:

1. The employee engages in a discrimination claim, workers compensation claim, and sexual harassment lawsuit.

2. The employee engages in a jury duty, single wage, or child support.

3. The employee engages in suffrage, medical leave, or request for personal employment files

4. The employee reported hazardous infrastructure or equipment in the workplace.

5. The employee declined to do hazardous or illegal tasks.

These are retaliation grounds that employers need to be careful of.

Another ground for wrongful termination is when the working environment of the employee is hostile. The employee needs to provide evidence of the hostility of the workplace and prove the damages suffered from it, which caused him or her to leave the company.

However, an employee may not quit his or her job anytime he or she wants when unfavorable conditions arise. An employee is encouraged to discuss and report complaints to superiors and authorities. If the employer doesn't responds or resolves the problem, the employee can file a lawsuit and recover damages suffered.

If you are the employer or Human Resource manager, take note of the following guidelines before terminating your employee:

1. Conduct regular evaluation. This will help document the employee's performance on an objective level, and gives you a chance to discuss with the employee on areas that he or she needs to improve. If the records showed poor performance consistently, that can be a ground for valid termination.

2. Institute a standard termination process. This will help you give employees information and reasons why they are or have been fired. On the other hand, an exit interview will help you get sufficient reasons why the employee is leaving. This can help assess the company policies and working environment, and provide tangible reasons for improving it.

To help you deal with employment cases such as wrongful termination, consult with our experienced employment attorneys. Visit our website and dial our toll free number for legal assistance.
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Tags: working environment, job opportunity, continuance, discrimination in employment, employment contract, wrongful termination