A wrongful termination in the United States, also known as negligent discharge or wrongful termination, occurs when an employer terminates an employee's contract in violation of working conditions or the law. This means that the employee was fired for an illegal reason such as discrimination based on their race, gender, religion, or because they have filed a claim against their employer. It can be difficult to prove negligent discharge because employment is generally at-will in the United States (except in Montana). Both employees and employers have the freedom to terminate their employment relationship at any time without prior notice and without explaining the reason.However, if you have been recently fired and are wondering if your situation is suitable for a solid legal case, consult with a labor attorney about your entire situation and allow them to offer you the best possible guidance. It is most advisable that you contact the Conexión Legal team as soon as possible by calling 1800 201 1220 or by writing to us through WhatsApp so that you can receive the best free consultation, and in this way we can help you obtain the highest possible compensation for wrongful termination with the help of a labor attorney.
When Can I Claim Compensation for Wrongful Termination?
As an employee, you can file a grievance claim against your employer. This is especially true if you suspect they did so for illegal reasons or as a result of retaliation by your employer. The process is not simple and requires a labor attorney, but there are several reasons why you can seek compensation.
Work Accidents with Personal Injuries
In the United States, the law requires that you work in a safe environment where proper measures are taken to protect the health and integrity of your employees. Therefore, in the case of a work accident, the employer must provide money and medical care to the employee if the employee suffers a serious injury and results in a disability. Two-thirds of salary will be paid during leave. An employer may use an employee's ignorance of the law to cause injury and be fired after an accident without providing proper compensation or medical care. This type of termination is illegal and is considered wrongful. Another case is when the employer notifies the employee of termination after some unwanted temporary leave. The employer is disqualified from the position they hold, but will be fired even if transferred. In this case, the employee may receive a lifetime pension or a lump sum for permanent disability.
Absence Due to Family Emergency or Illness
For example, an employer cannot fire an employee if the employee is absent due to the death of a family member or a medical emergency involving the family. This is considered unfair. The same applies if you cannot come to work due to illness and are on sick leave.
Performance of Civic Duties
Employers cannot take time to fire an employee so they can vote in an election. Additionally, if the person has been designated as a juror in the proceeding, this cannot be done.
Pregnancy Leave and Prenatal Care
When a woman is pregnant, she must visit a doctor regularly. If your employer decides to fire you for this reason, this is also considered wrongful termination.
All Types of Discrimination
This is the case if the employment relationship ends due to reasons of race, gender, religion, sexual orientation, origin, disability, or any other type of discrimination against minorities. The reason for this termination is very serious, as discrimination is highly frowned upon and damages the company's reputation. If a termination for this reason is made and proven, the employer may face severe penalties. They also have to pay employees. Retaliation is when an employee demands unpaid overtime and the employer decides to fire them. It was also requested when they had the right to rest or eat. The same applies to sexual harassment. Employees have the right to compensation from the company if they report a proven case of harassment.
Dangerous Work or if an Employee Resigns for Important Reasons
Working conditions may pose a risk to your integrity or there may be justification for termination. For example, if the initial employment conditions change without mutual agreement with the employee. If an employee is transferred to another branch or agency, it will harm the employee or prevent them from getting there. Or if the employer violates state or federal law, or if the employer violates the terms of the contract and fires the employee for demanding compliance.
Reasons to Justify Termination Without Compensation
It is important to note that the employer can justify firing a worker. For this reason, it is important to be aware that you are performing your job and not make any of the following mistakes:
- Proven incompetence, when an employee cannot perform their duties properly and is given ample opportunities for improvement.
- Absences without excuses or, repeatedly late for an unreasonable reason. If this happens repeatedly, the employer can fire the employee. Only absences for health or family emergencies are allowed.
- Hitting, yelling at, or verbally abusing your coworker or supervisor. This is the reason for termination.
- Drugs or alcohol. Working under the influence of alcoholic beverages and drugs can be grounds for termination. Especially if this interferes with the development of productive activities and normal work. If an effect is caused by a prescribed medication, the employee must notify the employer so that other measures can be taken.
- Acting immorally or violating company rules. Each company has a code or ethical and compliance standard for its employees. Workers must know these rules. If these are clearly established and the employee does not obey them, it is a good reason to fire them. Especially for internal harassment, discrimination, and immoral conduct. Even if company secrets or confidential information about the company are disclosed.
- Illegal activity at work such as theft, unauthorized removal of work items, embezzlement of funds, sabotage, material damage, work tools, etc., are grounds for termination without prior notice and without possibility of compensation.
- Falsification of information. Providing false information on the resume regarding qualifications, knowledge, previous employment, false certificates, or document falsification is an undeniable reason for termination.
Also read How Much Could You Receive in Compensation for Wrongful Termination? Choosing your attorney is one of the aspects that can contribute to the final decision of your case. For this reason, if you or a loved one need it, you should contact the Conexión Legal team as soon as possible so that we can provide you with the best free legal consultation, and likewise, legal representation by a labor attorney in case you suffer any type of wrongful termination to obtain the best possible compensation. Follow the steps in the following form to schedule your free consultation appointment.
