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4 reasons why you cannot be fired if you are a Latino worker in the United States. You should know that in contractual matters the main difference with Central and South American countries lies in the form of hiring, since in countries like Mexico and Colombia, there is a labor contract in between that indicates the terms and conditions for that type of business relationship, while in the North American country, it is common to have an at will employment relationship, whose main characteristic is that it can be terminated unilaterally at any time.
Although the labor rights granted by this relationship are few, there are 4 reasons why you cannot be fired as it would be considered illegal.
You cannot be fired for the following reasons:
Discrimination
The North American country has strict policies that prohibit labor discrimination in the following aspects:
- Religion
- Race
- Sex
- Disabilities or different abilities
- Marital status
- Sexual preferences
- Pregnancy status
- Age over 40 years old
Foreign origin
Although this constitutes a form of discrimination, the Immigration Control and Reform Act specifically prohibits an employee who works legally in the United States from being fired for being a foreigner.
Retaliation
If an employee initiates civil proceedings in order to defend their rights or file a claim for non-compliance with the health and safety standards established in the Federal Occupational Safety and Health Act, they cannot be fired by their employer as retaliation for the claims made.
It is also illegal to fire a worker for taking leave of absence for medical reasons.
Other violations of law or public policy
In this section, terminations can be included for
- Request for job reassignment due to disability
- Medical condition
- Joining unions
- Request for salary adjustment in accordance with legal requirements
Although labor laws in the country were established as a measure of protection for legal workers, if an undocumented person is hired, regardless of the type of employment relationship, they acquire the power to protect themselves against any violation of their fundamental rights.At Conexión Legal we offer free advice for cases of wrongful termination; contact us through this channel via the WhatsApp icon or by Scheduling your Consultation and explore solution alternatives for your case.If you or someone in your family was fired for one of the reasons described here, you can file a workers' compensation claim that, among other things, grants you reinstatement to your position; do not allow your legal status to violate your rights, at Conexión Legal you will find lawyers from different branches of law willing to provide you with free advice if you need it.
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