What's wrongful termination and do employees who have been fired have redress if they have been wrongfully terminated from employment? Wrongful termination takes place when an employee is let go from their job for illegal reasons or if company policy is violated when the employee is fired.
Reasons Considered Wrongful Termination
An employee can be considered to have been wrongfully terminated if discrimination is involved in the termination, if public policy is violated, or if company policy states guidelines for termination and those guidelines were not followed.
Other reasons that could be construed as wrongful termination include being fired for being a whistle blower or complaining about workplace issues or for not being willing to commit an illegal act when asked to by an employer.
Discrimination can be considered wrongful termination if an employee has been fired because of race, nationality, religion, gender, or age.
Employment at Will
In some cases, employees are covered by employment at will. This means that an employee can be terminated at any time without a reason. However, there exceptions to the employment at will doctrine that are covered by federal and state laws. Here is a list of exceptions to employment at will.
Wrongful Termination Remedies
What can an employee who has been wrongfully terminated do? The first step for someone who has been wrongfully terminated is to know your rights. Here's information on your rights when your employment is terminated.
The next step is to determine what remedies are available and what recourse you may have. Check with the Human Resources department at your company. Even though your employment has been terminated they will be able answer questions for you about the termination process and what benefits you may be entitled to.
If you believe that you have been discriminated against or haven't been treated according to the law or company policy the US Department of Labor has information on each law that regulates employment and advice on where and how to file a claim. Your state labor department may also be able to assist, depending on state law and the circumstances.
Unemployment When You Have Been Terminated
Employees who feel they have been wrongfully terminated may be eligible for unemployment benefits or may be able to appeal if their claim is denied. Here's information on unemployment benefits when you are fired and how to file an appeal if your unemployment claim is denied.
Have a Question?
Here are answers to the most frequently asked questions about termination from employment, including reasons for getting fired, employee rights when you have been terminated, collecting unemployment, wrongful termination, saying goodbye to co-workers and more.
Related Articles and Advice
- Wrongful Termination
- Collecting Unemployment if You Are Fired
- How to Handle a Termination
- Termination for Cause
- What To Do When You Have Been Fired
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