In the absence of an employment contract, a worker in the United States is referred to as an at-will employee. This means that being an at-will worker gives employers and workers the freedom to terminate their employment for a good reason or no reason at all. However, it does not allow the employer to commit wrongful termination for a "bad" or "unjust" reason.
If you believe you have been a victim of wrongful termination, you should contact Conexión Legal as soon as possible by calling 1800 201 1220 or contacting us via WhatsApp so you can receive the best free legal advice, and in your case, obtain the highest possible compensation from a Hispanic attorney.
What Are the Most Common Causes of Wrongful Termination?
Wrongful termination is defined by federal and state laws, and carrying it out makes the employer liable to a crime for which they must answer in court. In general, an employee may have been wrongfully terminated for one of the following reasons.
The causes of wrongful or unjust termination most commonly can be:
- Discriminatory reasons: these acts include all legally protected classes, including race, sex, age, nationality, or disability. Some states also consider it illegal to fire someone because of their sexual orientation.
- In retaliation: an employer cannot fire an employee for exercising their civil rights. For example, if the employee claims to have been discriminated against and files a discrimination complaint directly with the employer, state or federal agency, the employee cannot be fired for filing a complaint. Similarly, an employee cannot be fired for participating in an investigation into another employee's civil rights complaint.
- Refusing to break the law: it is illegal for an employer to require an employee to break the law in the course of their work, and an employer cannot stop a worker's employment by refusing to break the law.
- Being a whistleblower in certain situations: In some cases, the law protects the whistleblower against termination if they report certain activities of their employers through appropriate channels. For example, if an employee suspects that their employer is breaking environmental laws, they may be protected from losing their job by reporting their concerns to a manager or an appropriate government agency. However, the employee is not protected against termination if they have provided this information to a coworker or the media.
Additionally, an employee cannot be terminated in violation of the policies and procedures established by the employer. For example, if the employee handbook requires that employees go through a probationary period before being fired for misconduct, the employer cannot waive the probationary period in violation of their policies and procedures without the employee.
At-will employment allows an employee to leave their workplace at any time and allows an employer to find the best employees for their business without being legally required to continue hiring a specific employee.
However, wrongful termination laws establish an important qualification of this right and protect employees from wrongful and illegal termination for the reasons described above.
If you believe you were wrongfully terminated, you have the right to legal compensation which you can obtain with the help of a Hispanic attorney who will handle your case correctly and transparently. The potential of your damages is determined by state law and may include:
- Back pay for the time you have not worked without cause after your termination.
- Reinstatement required with appropriate accommodations.
- If you have been wrongfully denied transportation.
- Compensation for damages including compensation for benefits such as health insurance, lost wages due to illegal termination, punitive damages, and attorney's fees.
The Wrongful Termination Law seeks to strike a balance between protecting workers and allowing employers to terminate workers who are not suitable for their business.
If you believe you were wrongfully terminated, it is important to gather all evidence and keep as many records as possible to help with a potential lawsuit against your employer.
If you need to, you should remain calm, do not act alone, and contact Conexión Legal as soon as possible so you can receive the best free legal advice from a professional Hispanic attorney and, in your case, help you obtain the highest possible compensation.
Follow the steps in the following form to schedule your free consultation appointment.
