Wrongful Dismissals and Retaliatory Dismissals: How They Can Happen

the common practice is for the employee to file a claim

Wrongful terminations are often accompanied with other employment issues that can be very complex and difficult to deal with. It is not uncommon for wrongful terminations to result in extreme emotional pain for both parties involved. This pain can be extremely difficult for the employee and the employer alike. When this happens, the common practice is for the employee to file a claim for wrongful termination with their state’s department of labor. Although every state has similar wrongful termination laws, the specifics will vary greatly from state to state.

There are two main reasons for wrongful termination; discrimination and constructive discharge. Wrongful discrimination occurs when an employer makes an action based on protected characteristics of a person such as age, gender, race, religion, etc. The employee feels discriminated against and does not feel they were fairly promoted or otherwise treated fairly during their time of employment. In wrongful termination actions, the employee made a claim for wrongful termination based on their perception of unfair treatment by their former employer. While this type of discrimination typically does not involve a physical attack on the employee, it can still be very hurtful.

the employee is terminated based on their exercising a legal right

A second reason for wrongful termination suits happens when the employee is terminated based on their exercising a legal right, like the right to union engagement, or to file a complaint for sexual harassment. Even when an employee is not following company policy or law, a court may look at actions taken towards them in a legal manner. Even if the reasons for the termination are legally correct, the employee can still have a difficult time getting their compensation.

In order to have the best chance for receiving compensation for wrongful termination, it is important for employees to be able to show why their firing occurred in the first place. It is important to remember that in general cases, a company has to prove that the employee engaged in some sort of conduct that violated company policy or law, or that the employee made statements that violated the law. However, if there are illegal reasons given by the company, the employee may be able to get additional monetary damages through a lawsuit.

receive compensation for wrongful termination

There are two other types of reasons for filing a suit in order to receive compensation for wrongful termination, which can be particularly hard for employees to recognize. The first category of reasons for filing a lawsuit relates to retaliation. Reactions such as threats of violence, or other negative actions from co-workers toward an individual can be seen as an act related to discrimination even if the actions come from another employee, or an owner. Additionally, employees who are harassed via e-mail can also file lawsuits under the same theory of retaliation, which requires proof that the defendant used words or images in an e-mail that promoted discrimination. The only way for an employee to know whether they have a case against their former employer is to seek advice from a qualified attorney.

Disparate Treatment and Retaliatory Dismissals cannot usually be connected to a wrongful termination claim. In this case, the attorney will need proof that there was a discriminatory issue with the way the employer treated one of their employees. Some common forms of disparate treatment include; not hiring someone based on their race, gender, or religion, giving someone a promotion that was below their skill level, denying a promotion or raise to someone with the same ethnic background, etc. In order to win compensation for being unfairly dismissed, it is important to show that the employer acted in a manner that was discriminatory. Only after you have provided adequate evidence of this, should your attorney to move forward with pursuing a lawsuit.

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