It is quite common that employments are offered at will, in other words, the employer has the right to terminate the employment for any or no reason. However, if the firing was as a result of something, that “something” must not be illegal. Many people see themselves in this case. Many people feel their job termination was wrongful and done without a just cause. Jeffrey Phillips defined wrongful termination as being fired for any reason deemed illegal. This reason, most of the times do involve violation of federal anti-discrimination law or a breach of contract. An employee fired, for instance, due to their race, genetic information, gender, ethnic disparity, religion or disability is wrongfully dismissed. Such act is wrong and the employer risks being sued, should the victim seek redress. Phillips Jeffery is a Lawyer and owner of Phillips and Associates Law Firm. Over the years, he has gathered experience in helping people unjustly treated or hurt due to others’ negligence. Aside from firing based on discrimination in the terms stated above, Jeffrey Phillips from Phoenix revealed that there are quite a number of cases where the termination can be classified as wrongful!
Phillips stressed that although most employment is at will, there are instances when it is unlawful to terminate the contract. Employees with offer letters that promise job security cannot be terminated anyhow. Although, a written contract making a promise about the need for your service with a clause that you can only be fired for reasons stated in the terms of contract is an exception. Jeffery argued that employees in the latter condition were not hired at will. Therefore, they can only be terminated on the grounds that warrant it.
Phillips also revealed that at times, companies or organizations do have stated guidelines for termination. A termination outside these guidelines is termed unlawful. Other cases which Phillip stressed are termination due to an unwillingness to commit a crime, complaining about workplace conditions etc. Phillip stressed that in firing an employee, it is considered unlawful when it is against the constitutional right, violate laws established by the EEOC, breached employment contract etc.
Each state in the U.S. has various employments will doctrine that governs the conduct of employers and protects workers against unlawful termination.
Handling Wrongful Termination
The Lemon Law Lawyer advised that every American citizen should know their rights. If you know how protected you are under the law, the extent of your suffering will be reduced. Thus, without adequate knowledge of the law, an employee wrongfully terminated might not even know if it is unlawful or not.
However, if an employee knows the termination was unlawful, the first point of action is to determine the recourse you can take. Jeffery advised checking with the HR department of your firm and demanding answers to why you were terminated as well as your benefits.
However, if you are not satisfied with the reasons for your dismissal, or you feel the process of your termination did not follow the company’s procedure, you may seek assistance. This is more or less similar to customer choice, rights, and protection, the employee does have certain right and protection in the organization they work. Depending on the state laws, Jeffery thinks your state law could assist you. However, there are private law firms that could also take up your case and see to it that you are adequately compensated. You must, however, follow laid down rules that apply to discrimination laws. Jeffrey thus advised filing a complaint of discrimination with the state or federal agency before dragging your employer to court.
Jeffery thinks you deserve to be substantially compensated if you are a victim of unlawful termination. The services of law firms and wrongful termination lawyers willing to ready to defend your right and stand by you to achieve justice should be sought.