An unjustified dismissal in the United States, also known as wrongful termination, takes place when the employer terminates the employment relationship with the employee in violation of the country's labor laws, which include the prohibition of discrimination in the workplace based on gender, religion, race, origin and age or, as punishment to the employee.
This latter case is known as unjustified dismissal for retaliation and occurs when an employer takes retaliatory action against an employee for demanding the respect of their rights or reporting an illegal practice within the company. This situation is undoubtedly the greatest concern of a worker when they realize that their boss may be engaging in illegal activities, since they do not have clarity on the procedure they should follow in order not to suffer the consequences, however, all employees are protected against unjustified dismissal for retaliation by the country's labor laws, which is why it is viable to take legal action that allows you to keep your job.
In this case it is essential to have the evidence that demonstrates that the termination of your contract is retaliation on the part of your employer, if you do not have it, it is possible that your employer will find other arguments for which your unjustified dismissal for retaliation would be annulled.
Different forms other than dismissal in which retaliation occurs at work:
- Denial of salary increase
- Denial of job promotion
- Change of duties
- Relocation
- Demotion of your position
- Assignment of unagreed work shifts
As already mentioned, when retaliatory actions by your employer result in dismissal, your boss must argue real and probable reasons to defend his decision, otherwise he would be incurring in unjustified dismissal for retaliation, but this situation makes it equally important that you as a worker do not fail to perform the functions you were hired for.
An unjustified dismissal for retaliation generally occurs due to:
- Demanding timely payment or payment of overtime hours
- Reporting unfavorable working conditions
- Refusing to commit an illegal act
- Cooperation in an investigation
- Reporting harassment, workplace harassment or discrimination at work
Many of the government agencies in the country, trust in the good judgment of workers to enforce the labor and protection laws that have been established for that purpose, which is why it is only when an employee initiates the process that an audit is executed.At Conexión Legal we have labor lawyers for cases of unjustified dismissal; contact us through this channel by the WhatsApp icon or by scheduling your consultation and explore the solution alternatives for your case.
Benefits you can obtain for an unjustified dismissal for retaliation
In this as in most cases of wrongful dismissals, an employee who proves the injustice in their dismissal can request:
Reinstatement
The immediate rehiring of the worker to the job from which they suffered unjustified dismissal for retaliation.
Front Pay
In the event that the company cannot reinstate the employee, the court may request that the payment of the salaries that the worker would have earned during the time it takes to find a new job be assumed.
Back Pay
The payment of the salaries that the employee failed to earn from the termination of the contract to the reinstatement to the job.
Payment of Out-of-Pocket Losses
The recognition of expenses that the employee has had to pay as a result of their dismissal, including labor attorney fees.If you believe that you suffered an unjustified dismissal for retaliation or have been subject to any other retaliation by your employer, you have the right to file a civil lawsuit with our labor lawyers.
Remember that these proceedings seek to find the balance between the protection of employee rights and the development of business policies in accordance with the mission and vision of the company, without violating the fundamental rights of each person.
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