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At Will Employment Sparks Wrongful Termination

April 04, 2012 | Comments: 0 | Views: 149

At will employment policy works in almost all states in the country. As defined, it is the privilege given to employers to lay-off, to discharge, or to terminate their employees for any reason at any time, provided that the reason is not discriminatory, retaliatory, or illegal. Also, such policy gives employees the right to leave the company for any reason at any time.

Lawyers for wrongful termination must be consulted in the event that you feel you were terminated wrongfully. The following are the acts in which wrongful termination can be considered.

Discrimination. It is stated in the federal law that it is unlawful for employers to fire an employee because of his or her gender, disability, race, color, age, ethnic group, or national origin. Additionally, the federal law also calls it illegal for employers to terminate an employee because of her pregnancy-related medical condition.

Alien Status. An employer has to know that as long as the employee is lawfully qualified for employment within a state, he or she is not allowed to fire that employee only on the basis of citizenship status. Also, the federal law Immigration Reform and Control Act (IRCA) bars employers from terminating employees on the basis of such status.

Retaliation. It is unlawful for employers to fire employees for affirming their rights under federal or state anti-discrimination laws. Moreover, an employee has a strong claim if and when an employer fires him or her because the latter opts to cooperate and participate in the investigation of an alleged wrongful conduct done within the workplace.

OSHA Violations Complaints. Employers are not allowed to terminate employees because they complained about the employer's violation of the Occupation Safety and Health Act (OSHA). Such complaints are generally made about an employer who does not abide with the standards of the state or federal health.

Violations of Public Policy. The following are considered as violations of public policy.

a) Terminating an employee because he or she refused to do an illicit act that was ordered of him or her by a person of authority, or someone in a high-ranking position within the company.

b) Terminating an employee because he or she complained about his or her employer's unlawful conducts. It may constitute firing an employee that made a complaint to the federal government about a particular illegal act. Such laws are called whistleblower statutes.

c) Terminating an employee because he or she makes use of his or her legal right. The most common is taking family leave.

Jester Maru used to write several articles for a Law Group in Los Angeles, California. He personally loves writing articles on the topic employment law attorneys and wrongful termination California.

Source: EzineArticles
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