Even if you haven’t done anything wrong, there might be a situation when you will be terminated from your work. You may be wrongly terminated for no good reason or owing to a particular conflict. This is termed wrongful termination of the employee. Wrongful termination is one of the most common sorts of employment disputes, and it may be a very difficult scenario for employees to deal with.
Hundreds of thousands of people are wrongfully terminated each year for employment disputes with no apparent cause. As a result, knowing what to do in the event of wrongful termination of employment is critical. Several laws are used to take responsibility for wrongful termination.
Reasons For Wrongful Termination
When evaluating the termination of employees owing to wrongful termination, certain grounds must be established. This includes:
- Discrimination is based on race, religion, caste, gender, and a variety of other factors.
- Failure to follow the company’s guidelines may result in the employee’s termination.
- Determine whether there has been a violation of public policy.
The laws are made strict to enable the protection of the employees to get all essential benefits if they are treated wrongfully and are subjected to termination.
Laws Against Wrongful Termination
A great range of wrongful termination cases is observed each year due to several reasons. It is necessary to recognize that the employer may be able to provide compelling and valid reasons for the termination. If the employee is not given a reasonable opportunity to be heard, the wrongful termination act may apply. Such termination may jeopardize the employer’s market image in terms of its reputation. This may result in a breach of a person’s fundamental rights.
Thus, the concerns are to be dealt with under labor and industrial laws, in which the legislature can deal with a variety of legal difficulties, ranging from the protection of workers’ rights to regulating situations. The labor laws ensure employee protection and are a welcome step toward simplifying the process of dealing with labor difficulties. Here are some of the wrongful termination workplace laws:
- The Civil Rights Act (1964)
This act prohibits discrimination on the basis of religion, color, race, and national origin in hiring and promotion.
- The California Fair Employment and Housing Act
This law provides protection against discrimination, retaliation, and harassment of employees. This application is for all employees irrespective of full-time or part-time.
- The Federal Age of Discrimination Act 1975
This law states the prohibition of discrimination on basis of age in programs and activities related to federal financial assistance.
- Family and Medical Leave Act
This is a labor law in the US that provides protection to employees in regard to their job and unpaid leave for any medical or family reasons.
- California Family Rights Act
It provides the employees with 12 weeks of unpaid, job-protected leave for the employee in case of serious health conditions of his family including himself, or any other emergency like bond with a new child.
How Can An Employee Make A Formal Complaint?
An employee who has been unlawfully terminated by his or her employer should file a formal complaint with the Human Resource department first (HR). There are numerous instances in which the HR Department can address all concerns and restore the employees’ jobs. However, if the HR department fails to act, the employee has the right to file a legal notice with the company seeking damages for back pay, missed benefits, provident funds, and health insurance, among other things.
However, to resolve the legal issue without further complications, it is recommended that you see a legal expert who has everything legally cleared, and you may even share your dilemma to receive unbiased, honest, and correct advice.