What counts as Wrongful Termination?
When a person is fired from his/her job without warning or obvious reason, it is justified to feel wronged. Unfortunately, no matter how unfair the circumstances may appear, your termination does not necessarily count as unlawful or wrongful. The employer’s motive behind laying off a staff member could be defensible; sometimes it is the intolerable attitude of a worker, occasionally it’s about making cuts to overcome financial deficits, or at times the need for certain services becomes obsolete.
Personal injury lawyer practicing in San Antonio claims that business owners can terminate employers for no apparent reason and they are not obliged to provide an explanation. However, there are situations where terminating someone’s employment can be deemed illegal. You might be eligible to sue the employer under one of the following situations:
Written & Implied Undertakings
If the job contract states that the company cannot fire you without a valid reason or that you are entitled to complete a predefined term/duration, the unexpected termination can be contested. Possessing a written and signed document shall greatly support your case, as it will act as solid evidence for backing your claim. Verbal communication and gestures that suggest that your employer is keen to keep you on board are considered as implied undertakings. Intangible evidence is hard to work with, but your lawyer can help by researching the employer’s history. If your termination contradicts the company’s usual employment patterns, your assertion can be validated.
Several employers make false promises of long-term employment, job security, promotion, and additional incentives. They take advantage of new hires and shortly replace them when it is time to deliver their side of the deal. Many business owners refuse to pay agreed commissions and make unnecessary deductions from paychecks. If the employee demands a raise or insists on obtaining his/her fair share, the employer will either issue a termination letter or force them to submit a resignation via assault and battery. If the scenario sounds relatable, you shall certainly file a lawsuit to discourage these fraudulent operations and inhumane attitude.
Modern employers encourage diversity within the workplace by welcoming individuals from different cultural backgrounds. Despite the increased acceptance of minorities within a society, racism and discrimination still exist. People are hated for their religious beliefs, character is judged by color, women are considered inferior to men, social status is preferred to moral values, age matters more than skill, and people are ridiculed for their physical and mental attributes/disabilities. Discrimination within the workplace is illegal, thus termination based on your age, gender, ethnicity, or medical/genetic condition is objectionable.
Violation of Public Policy
Employees who are harmed or injured at work are entitled to benefit from the employer’s worker’s compensation insurance. Many employer’s attempt to fire injured workers, especially if they require prolonged medical care or encounter a permanent disability, which makes them unfit for the job. The law protects the rights of individuals who become incapacitated due to workplace injuries; your employer cannot get out of reimbursing your loss. Your employer can also not fire you for disclosing your income to fellow colleagues, utilizing paid leaves, or taking time off to vote, serve as jury, and participate in a military program.
Retribution for Whistleblowing
A whistleblower is someone who exposes criminal or unethical activity occurring within a public or private institution. When employees inform legal authorities of their employer’s wrongdoings, the law protects and rewards them. The employer may retaliate by defaming and firing the whistleblower for leaking secret information. You can sue the company for damaging your reputation and terminating your employment for doing the right thing.