4 Ways You May Become a Victim of Wrongful Termination

Wrongful termination is where an employer fires an employee for an illegal reason. Some illegal reasons may be if an employer fires an employee based on an employee belonging to a protected class or if an employee reports illegal activity. There are many ways in which an employee may experience wrongful termination, but many of the ways are motivated by discrimination.  Below are four examples of ways in which an employee may become a victim of wrongful termination and in some situations, the termination is fueled by discrimination.

1. Age is just a number

Even though life expectancy has increased over the years, employees over a certain age are still targeted for age discrimination.  In California, employees who are over the age of 40 are a protected class. This means an employer cannot mistreat an employee because he or she is over the age of 40 years old. An example of this would be if a boss urged their employee whom recently turned 50, to retire.  Upon the employee’s refusal, the employer found a phony reason to fire the employee. This may be an example of age discrimination as well as wrongful termination.

2.  White men can’t jump

Although we can all laugh freely at the 90’s film White Men Can’t Jump, now that we approaching 2019, it is not something we can joke about in the office.  In California, a person’s race is considered a protected class.  This means that if an employee is being picked on, singled out, or mistreated because of their race, it is considered as unlawful behavior.  If an individual is fired based on their race, this is considered as wrongful termination.

Wrongful termination based on race is not found where an employee was fired for a work-related reason, but because the employee was of a certain race could claim wrongful termination.  That’s not how the law works. The claim for wrongful termination based on race has to be found on the very basis that this individual was fired because they are a particular race.  For example, Linda who identifies as Hispanic experienced constant teasing from her boss for her accent as well as frequent poor performance reviews based on bogus reasons.  Eventually, Linda was fired for her “numerous poor performance reviews”.  Here, Linda may be able to make a claim for wrongful termination based on race.  Her boss’ teasing in combination with baseless poor performance reviews may point towards her boss singling Linda out based on her race.  Other factors may assist Linda’s claim such as if Linda was the only Hispanic employee at her job and/or that other Hispanic employee in the past who were fired or who were teased for their accent.  So here, because Linda was fired potentially because of her accent, even though the official reason was for her poor performance review, she may be able to sue her employer for wrongful termination as well as discrimination.

But what if we slightly changed the facts of the above example and let’s say Linda had been coming into work late every day and had received several verbal and written warnings regarding her tardiness.  In that set of facts, it may be argued by Linda’s employer that she was fired based on her constant tardiness rather than race.  Here, it would be difficult for Linda to claim that she was fired because of her race.

3.  Blow the Whistle

“Blow the Whistle” is a throwback that is gladly embraced for any good dance party, yet Too $hort didn’t mention the dark side to actually blowing the whistle on your employer.

It can be a brave but scary task to report something shady that is going on at work.  In California, there are laws in place to protect whistleblowers.  A whistleblower is an employee who reports certain illegal activities or practices that are going on at their place of employment. These laws provide a shield to employees from particular types of retaliation an employer may attempt to invoke in their position of power. For instance, if an employee had first hand-knowledge of their boss only firing the men and replacing them with all female employees, the employee may be able to report this with the protection of the law.  In this example, the employee would be reporting their boss exercising illegal termination and hiring practices.

Keep in mind that although whistleblower laws are in place to protect disclosure of illegal activity, it may not stop the employer from retaliating.  The laws are there to tell the employer what they can’t do while also giving the wronged employee the right to make a claim against the employer after the fact.  Whistleblower cases can be complicated, but with the direction and skill of an employment lawyer, an employee may be able to utilize the law for protection.

4.  Cripple, Handicapped, Challenged

Cripple, handicapped, challenged, these are all insensitive and politically incorrect labels used to describe a person who may have or is perceived to have a disability.  Employees with certain disabilities, whether it is permanent or temporary, are a protected class.  In other words, an employee who is picked on, singled out, demoted, denied employment benefits, or fired based on their disability, may have a claim for disability discrimination and/or wrongful termination and he or she can contact to a wrongful termination lawyer for a free consultation.

Employers are required by law to make adjustments for an employee’s disability so as the employee can perform their duties at the workplace. These adjustments must be reasonable as far as costs and the ability for the employer to actually be able to make the adjustment.  For example, an employee may request to work certain shifts such as only shifts in the daytime because the employee’s vision is impaired. Here, it may be considered a reasonable and feasible adjustment for the employer to schedule the particular employee to only work day shifts.

Each case is distinctive in its facts and must be determined on a case-by-case basis.  Depending on the paperwork that was provided to the employer regarding the disability as well as the extent of the request for accommodation, an employee may have a claim against their employer

For more info please look at these articles:

5 Employees who are Targets of Discrimination and/or Wrongful Termination
5 Important Questions about Disability Discrimination and Wrongful Termination

Wrongful termination settlements is said to have occurred when an employer has fired/laid off an employee in direct violation of their existing legal rights. If the wrongful termination law has been violated, the terminated employee can file his/her wrongful termonation settlements employment termination complaint with the government agencies. Alternatively, a private lawsuit can also be filed with the help of a wrongful termination Settlements lawyer.

The “At-Will” concept

All states have now adopted the doctrine of employment “at-will” to a certain degree. This means that employees can typically leave their jobs at any given time without any cause or advanced notice. In addition, it means that the employer can also typically fire / lay-off their employees at any given time without a specific reason. In many instances, employers legitimately ask employees to sign certain agreements or contracts that effectively document & enforce all the terms of this “at will” employment and this shows up in the company’s policy manuals.

The Exceptions

Of course, there are certain exceptions to the rule. Employees as well as employers are not permitted to breach the employment agreements/ contracts or even violate regulations, laws, constitutional provisions/ public policy when they are terminating employment. Exceptions such as intentional emotional distress, breach of implied contract and reliance on an employment offer do exist. “At will” employees can also be fired for certain job-related problems/ non-job-related reasons like personality conflict or the boss not liking the employee’s jokes.

These employees who have been wrongfully terminated have gone ahead and challenged the rules in court and won wrongful termination settlements and compensation. Though there is no fixed figure that can be attached to this kind of a settlement, it can sometimes be substantial. This settlement covers the lost wages and attorney’s fees & punitive damages are covered only under certain circumstances

The Right Legal Help

If a person has been wrongfully terminated and wishes to file a lawsuit against the employer, he/she will have to hire the services of a wrongful termination settlements lawyer. The person will provide the litigant all the details of this kind of filing and help with all the technicalities and legalities. Having a good lawyer can also result in a higher termination settlement and they will also be able to guide the person through the legal system. Since there are no hard and fast rules when it comes to winning a wrongful termination settlements, having the right legal help is top priority.

Call the Law Office of Stevens & McMillan Today (800) 738-3353 to get you the highest Wrongful termination settlements!

Wrongfully terminated for no reason?

Recent cases have addressed the issue of whether the employer is obligated to “ensure” the employee takes these breaks. The cases have decided that employers are not obligated to police breaks and ensure no work is being performed during that time. Rather, employers simply must provide 30-minute, duty-free meal periods, and similarly a 10 minute rest break.

Even though employers are now not legally obligated to police rest breaks at no time can an employer retaliate against an employee for complaining about not receiving their statutorily entitled rest periods or breaks? If an employer is simply not allowing breaks or actively opposing breaks and an employee complains about this practice to his employer it would be illegal for the employer to terminate this employee to intimidate other employees into not complaining.

Similarly, if an employee complains about being discriminated on the basis of his race, sex, religion, age or disability and an employer terminates them because of their complaint this would be wrongfully terminated. Further, if for an employer terminate an employee for complaining about these

Whenever an employee complains about not receive rest periods, meal breaks and similarly to not be discriminated and harassment based upon their sex, age, race, or disability but is terminated for such complaints this would be wrongfully terminated. This article is not intended to give legal advice. If you need consultation concerning specific questions relating to meal and rest periods, or retaliation for complaints about not be provide these breaks call a professional employment attorney same as Stevens & McMillan at (800) 738-3353.