Friday, January 4, 2008

Justifying Wrongful Termination Lawsuits

Because of the great importance of the labor sector’s role in our economy, it is just right to give them full protection against wrongful termination. Although the government has not yet come up with any wrongful termination laws, the unlawfully fired or laid off employees may still depend on other applicable Federal and California Laws.
According to various Labor Laws, an employee’s wrongful termination lawsuit may be justified for these reasons:
  • Discriminatory acts – it is definitely illegal to terminate an employee because of his nationality, race or color, religion, sex, age and disability. The law also mandates the employers not to implement such company policies that create a hostile work environment for a particular group or minority.
  • Retaliatory efforts – it is the obligation of anyone to disclose any illegal activities especially if it affects the welfare of the people. If an employer terminated his worker for whistle blowing, this may be considered as an act of retaliation and certainly punishable under the prevailing laws.
  • Character defamation – various cases involve employers who deliberately make false accusations against their employees to have legal employment termination grounds. This action, too, is definitely prohibited as prescribed under the Labor Laws.
  • Breach of contract – although “at will employment” policy is allowed under California Laws, employees who work on contracts may not be terminated as long as they have manage to comply with the terms or until the employment period specified ends.
  • Constructive Discharge – this term refers to a form of wrongful termination, which means implementing intolerable working condition in order to compel employees to voluntarily exit from their jobs. Yet, this type of case is not that simple to establish.
Then again, if you think your case belong to either cause, seek legal representation immediately and file your wrongful termination lawsuits before it is too late.