Wrongful termination is a significant workplace issue that can produce severe legal and financial repercussions. To ensure proper protection for employees, it’s important to understand the most common causes of wrongful termination. Violation of labor laws and employment contracts, racial discrimination, and whistleblower retaliation are just some of the common reasons why an employee may have a valid claim against their former employer.
Labor laws provide essential protections for workers, such as minimum wage requirements, overtime pay rules, and safety regulations. When an employer fails to comply with these laws or disregards them entirely, they can be held legally liable for any damages caused by the wrongful termination. Discrimination based on race, gender, age, or disability is also illegal in many states, and federal laws exist to protect workers from these types of mistreatment. The most common causes of wrongful termination include:
Sexual harassment is a type of wrongful termination in California and other states. Any unwanted sexual behavior in the workplace is considered illegal and may result in legal action if not addressed promptly and properly by the employer. Illegal harassment may include unwelcome physical contact or language, displaying offensive materials in the workplace, or making unwanted requests for sexual favors.
A hostile work environment can occur when employers create a workplace where employees feel physically or psychologically threatened on the job. This type of behavior can include verbal abuse, insults, and other forms of intimidation. For a wrongful termination attorney to successfully prove her case, the employer must not only terminate someone illegally but also create a work environment that is intimidating for employees to perform their jobs properly.
Discrimination is a common form of wrongful termination in California and across the United States. People may be wrongfully terminated from their job based solely on their race, gender, age, or disability, and this can result in significant financial damages for the alleged victim. A wrongful termination lawyer will work to protect the employee’s rights and help them receive justice if they have been wrongfully terminated due to discrimination.
- Workers’ Compensation retaliation
Workers’ compensation retaliation can be a complicated issue for many employees to understand. If an employee is injured on the job, they may be legally entitled to workers’ compensation benefits. Unfortunately, some employers may retaliate against these employees by wrongfully terminating them or otherwise discriminating against them—hoping that they will quit their job and save the company from having to continue paying the workers’ comp benefits. If you believe that your employer has retaliated against you for seeking workers’ comp benefits, contact one of the “wrongful termination lawyers near me” right away.
- Violations of the Family and Medical Leave Act (FMLA)
A wrongful termination lawyer can help employees who have been wrongfully terminated due to violations of the Family and Medical Leave Act (FMLA). The FMLA provides eligible employees with up to 12 weeks of unpaid leave per year for certain family and medical reasons. If an employee is fired after being denied such leave or retaliated against for exercising their rights under the FMLA, they may be able to bring a claim against their employer. An attorney specializing in wrongful termination in California can help ensure that any misconduct on behalf of the employer is addressed and adequately compensated.
A wrongful termination attorney also specializes in wage and hour violations. These types of issues may involve being denied overtime pay or minimum wage. Violations might also involve the misclassification of workers as independent contractors rather than conventional employees. Employers must follow strict federal and state regulations regarding the payment of wages. So, if an employer fails to comply with those laws, they could be liable for back pay, liquidated damages, court costs, or even civil penalties.
- Whistleblower retaliation
Whistleblower retaliation is a form of workplace discrimination and wrongful termination that is taken against individuals who have reported illegal or unethical activity in their workplace. It can take the form of demotion, suspension, or outright termination. An attorney specializing in wrongful termination in California can help protect an individual’s rights and provide legal remedies if an employee is subjected to whistleblower retaliation.
- Fair Housing and Employment Act (FHEA) violations
The Fair Housing and Employment Act (FHEA) is a federal law that protects individuals from discrimination in housing and employment. It is illegal for employers to discriminate against employees based on race, color, religion, sex, national origin, disability, or familial status. A wrongful termination lawyer will help those who have been discriminated against in the workplace due to their protected class status.
- Worker Adjustment and Retraining Notification Act (WARN) violations
The Worker Adjustment and Retraining Notification Act (WARN) is a law that requires employers to give 60 days’ advanced notice of plant closings, layoffs, or mass terminations. Companies must be aware of their obligations under this act to avoid costly penalties due to WARN violations. A wrongful termination attorney can help employers understand their responsibilities and ensure compliance with the law.