An employer can’t fire an employee if they make complaints about harassment, workplace safety concern, wage and hour violation, etc.
Were you recently fired from your office? You might think about whether you can do any legal claim against the employer. In most cases, you can’t go legally because employees are assumed to work at will’. They can quit anytime and can fire anytime for any reason, which is not illegal. Hence if an employee is terminated for his poor performance, misconduct, or attendance problems, he doesn’t have the right to go legally against the employer.
But this doesn’t imply that firing is legal. Even at-will employers can’t fire employees based on discrimination or for raising voices against harassment or other wrongdoing. In such a situation, employees can take help from an employment attorney to go legally against the employer.
What is wrongful termination?
It is a category in which an employee can go against an employer if he is fired for an illegal reason. That includes:
- Discrimination: It is a termination in which an employee is fired based on caste, race, color, sex, genetic information, disability, or age.
- Retaliation: An employer can’t fire an employee if they make complaints about harassment, workplace safety concern, wage and hour violation, etc.
- Public policy violation: In many states, an employer can’t fire an employee for morally wrong reasons. For instance, an employer can’t fire for exercising a legal right (like the right to vote),...
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