subject: Questions Related To Termination Laws [print this page] In the event of a company violating the policies mentioned in the employment agreement, terms mentioned in the employee handbook or a statute provision of employment law; an employee may sue the company for wrongful termination. If there is no agreement between a company and the employee, courts would consider the existence of a de facto agreement by virtue of the employment relationship. If the employee is able to prove that he/she was wrongfully terminated; then the employee may be either reinstated to work or compensated in monetary terms. Below are a few questions that have been answered regarding termination laws:
An African-American woman is a victim of discrimination. This woman would wish to get help in getting back her job to receive compensation for discrimination, pain and suffering, defamation of character and loss of income. What action can this woman take?
The employee handbook or a company policy prescribes the events as per which an employee may be fired versus an employment at-will policy; one may be entitled to file for unlawful termination under violation of contract theory. Further, if one was not provided enough notice of ones termination by means of communication of insufficient performance or any such reason, one may succeed if a claim of unemployment is made.
In order for one to win a discrimination case followed by an unlawful termination case that may require restoring and back pay or front pay, one may need to establish beyond doubt that one was a victim of illegal discrimination that led to the employees firing. Eventually, what one may view as defamatory may not fall within the legal definition of defamation.
If the company has purposely made a statement that they knew was incorrect to a third party or a prospective employer that has tarnished ones reputation or the chances of employability, only then a claim of defamation of character would hold up.
An employee had objected to the boss making jokes about autistic children. Due to this the employee was fired from the job in California without providing any explanation. Is it possible for this employee to recover the lost wages because of illegal discrimination?
California is an at-will employment state where an employee may be fired for no reason at all and at any point of time. It is not considered as a violation of law. However, one should not be discriminated against due to their disabilities. It is illegal for companies to retaliate or create a work environment that is adverse.
However, in the above scenario, the employee is not disabled; but has taken offense of the comments made by the boss against a protected class of people. One may approach Californias Department of Fair Employment and Housing that has been liberal with employment rights to
An employee was compelled to resign from work or get fired. Would this be considered as constructive dismissal/termination?
Constructive discharge is like a company firing an employee from work. It would amount to an employee resigning just because the company implemented an extraordinary change that made working conditions unbearable to an extent that the employee was forced to resign. Such situations may comprise of but are not limited to punitive transfer to a dangerous job, hostility, demotion, humiliation, or harassment. If the company made such alterations or let it happen, then these circumstances would establish a case for constructive discharge.
If an employee was terminated involuntarily after 13 years of service that too without receiving any warning, would it be possible for the employee to apply for unemployment?
In the event that the company can prove that the employee was fired for misconduct, violation of company policy or insubordination; then the employee would not be able to apply for unemployment. Else, the employee may be eligible to receive unemployment. Also, dissatisfactory performance or lay-offs are not reasons for denying unemployment benefits. If one files a claim, the Department of Labor would request for more details from the company with respect to ones termination.
What consequences will an employee of 12 years need to face if he/she just got up and walked out without signing the termination papers when he/she was informed of the termination?
A company may terminate an employee without any notice in an at-will employment state. In the absence of an employment contract or a company policy, it would be legal for a company to terminate an employee for any reason. However, the termination should not be made due to any discriminatory reason that has been defined by law. One may approach the EEOC if one was terminated because of discrimination so that a claim for illegal discrimination may be filed.
An employee may file for unemployment without termination papers. By not signing the termination papers, one has just indicated that he/she has rejected the offer of severance. However, this should not have any negative legal implications; but one may not receive a positive reference.
Terminating an employee on discriminatory grounds or not following the termination policies mentioned in the agreement would be unlawful. One may face severe legal complications for doing so. You may ask an employment lawyer to get a better insight on termination laws.
