Legal Questions About Wrongful Termination Laws

There may be many reasons why employers terminate their employees

. Most of the times, the reasons why employees are terminated may not be wrong. However, if an employee has been wrongly asked to leave the job, he/she may have many legal questions about wrongful termination, their rights employment law and the best legal recourse available to them. Given below are some of the legal questions on the subject that have been answered by Experts.

Q. Can an individual hire a local lawyer if he/she was wrongfully terminated from the job and was replaced by a woman with whom the boss was having an affair?

Since the reason for which the individual was asked to quit the job is not based on gender, race, national origin, sex or any other category that is protected against discrimination, it may be difficult to find an attorney to fight the case.

Q. What can a person do if he/she was terminated from the job without being given a reason or following any procedures?

You may hire a local employment attorney to get the job back. You may sue the employer for wrongful termination and ask for a severance pay. In most situations, the employer may have the right to ask an at-will employee to quit a job for no reason, but if the company policy was not followed in doing so, the employee may have a case against the employer for discrimination.

Q. Can an individual voluntarily quit a job and call it wrongful termination if the reason for quitting is discrimination at the workplace based on the employees mental condition?

If such an individual is an at-will employee, employment termination laws would allow the employer to let go of the employee without citing any reason for doing so. However, it is illegal to fire an employee based on race, sex or any injury that he/she may have got while on the job. It is also considered illegal to fire an employee because he/she is using the FMLA. If the individual thinks that he/she is being discriminated against and may be asked to quit because of this, the person can file a complaint with the US Department of Labor. The employee may also be able to quit the job and ask for constructive discharge. However, if the individual wants to do so, he/she may have to prove that the discrimination at the workplace was so much that it was impossible to continue working over there.

Most of the times wrongful termination can be shocking to people and it is important for individuals to know what legal action they may take if they have been subjected to it. You may ask employment lawyers for information regarding wrongful termination if you are a victim or are being sued by someone for it.

by: MeghanJones

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