Understanding the governing employment law is central to understanding wrongful termination. There are circumstances where employers can not fire his or her employees but termination is not at all times illegal. More often than not, people who are laid off feel that their termination is illegal, unfair or even unethical. It is in this light that one should understand the issues concerning wrongful termination.
What is the Employment Law?
Employment Law is an all-encompassing legal term governing the legal relationship between the employee and employer. If violation of this law occurs, the relationship of the two parties and the workplace will be affected as tensions and predicament come up. Often, companies do have their employee manuals or handbooks which are good source of the company’s regulations and policies governing the employment relationship, conducts on the workplace, complaint procedures, employees rights, resignation and termination policies.
What are the valid reasons for a wrongful termination?
A wrongful termination takes place when an employer violates a particular state or federal law. These are the valid reasons for a wrongful termination:
Discrimination on the workplace
When an employer fires an employee on the basis of gender, race, religion, disability or any other related reasons, the employer committed a wrongful termination because the reasons mentioned are discriminatory in nature.
Retaliation takes place when an employer fired en employee due to his or her refusal to cooperate in the illegal activity demanded by the employer or if the employee reported the illicit activity of the employer to the management.
If an employer defames or demeans an employee on purpose to rationalize termination, he has committed a wrongful termination. filing a wrongful termination offers excellent info on this.
Breach of explicit or implied contract
Breach of explicit or implied contract occurs when an employer terminates an employee who is under a contract and fulfilling the terms specified in the contract until the specified time frame ends. In addition, it the contract does not contain an escape clause, the said termination is likely to be a case of a wrongful termination.
Breach of good faith and fair dealing
This stipulates that employees should be treated fairly, mainly if they have rendered long service to a company. As a result, employers can not discharge employees for primordial grounds like refusal to pay due rewards or giving promotions.