What Constitutes Wrongful Termination in the United States?

Complaints about wrongful termination have increased enormously around the world due to the crisis caused by the COVID-19 pandemic and, clearly, the United States has not been the exception.

A wrongful termination in the United States, also known as unlawful termination or improper dismissal, is when the termination by the employer of an employee's employment contract violates the terms or labor laws.

Some examples of this bad practice, so common in our days, are:

  • A construction worker fractured his ankle and injured his hip and knee when he slipped and fell while carrying a bucket of cement. The man reported the accident and was sent to the doctor. However, he was fired when his employer realized that, after months of treatment, he had not been able to recover completely.
  • After working 8 years as a machine operator in a factory, an employee developed multiple pains in the neck, arms, back, and leg, as well as continuous headaches due to noise. He reported his complaints, but instead of receiving help or the necessary treatment, he was fired.
  • A kitchen assistant cut the tip of her middle finger while grating potatoes with a machine. She reported the incident and was sent to the doctor. The next day she had already been fired by her immediate supervisor.
  • A cashier suffered permanent damage to the tendons in her right hand when lifting a heavy box of beers. Her employer fired her immediately upon seeing that she had been injured.
  • After working 8 months providing 24-hour maintenance service, a superintendent developed severe spine problems. He reported them, but was ignored by his boss and subsequently fired.

After these examples it is important that you know that in case you identify any type of wrongful termination, know that at Conexión Legal we can provide you with free consultation and likewise connect you with Hispanic lawyers who specialize in wrongful termination so that, in this way, we can provide you with the best guidance and ensure that you receive the compensation you deserve for such abuse.

In the United States the law requires working in a safe environment, where appropriate measures are taken to protect the health and integrity of workers. Therefore, in case of a workplace accident, the employer must provide money and medical care to the worker if he suffers a serious injury that leaves him disabled. This payment can be 2/3 of the salary while on leave.

As we have already seen, there are cases of employers who take advantage of workers' lack of knowledge of the laws and after an accident where there is an injury, they fire them without providing compensation service or appropriate medical care. This type of dismissal is illegal and is considered unjustified.

Another case occurs when, after a temporary leave due to accident, the employer informs you that you were fired. Likewise if the employer becomes unable to perform the position he holds, but instead of being relocated, he is fired.

In this case, the worker could obtain a lifetime pension or a single permanent disability payment.

Another example is when a worker needs to be absent due to situations such as a family bereavement or medical emergency of a family member, the employer cannot fire him, as it is considered unjustified. The same applies if he cannot report to work because he is suffering from an illness and is on leave or license for it.

In any case, if you identify yourself or believe that your dismissal was unjustified, contact Conexión Legal by calling us at 1800 201 1220 or write to us via WhatsApp to obtain all the necessary information and have you represented by a Hispanic lawyer who will defend your rights in court to ensure you receive the best compensation.

Follow the steps in the following form to schedule your free consultation appointment.

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