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Wrongful Termination Basics: What You Should Know

February 09, 2012 | Comments: 0 | Views: 150

Sometimes, disputes in the office environment result in an employee becoming the target of wrongful termination. Although most individuals are aware of the essentials of wrongful termination, they may not know how it applies to their situation, or what type of protection they are entitled to under the statute. If you are in a position where your work with a business ended under less than advantageous terms, you want to know your rights. If you need to understand your rights and duties under the statute, a qualified lawyer can explain how the federal and state discrimination laws affect you, and determine if you are entitled to compensation under certain state or federal laws.

The majority of workers in the United States are employed "at will," which means that they are employed at the company for as long as they are required, and are free to leave the employer at any time without consequence. Likewise, the company you work for can choose to stop your employment either for cause, or without any reason. You can be let go because of changing business needs, or terminated for work performance. There are, however, certain conditions under which you can not be let go from your job. These laws are intended to protect workers from discrimination in the office for an array of reasons. If you are fired because you are a member of a protected class or have information that affects the company, you are eligible to be remunerated. Federal statutes protect people from discrimination based on nationality, ethnicity, sex, age, familial status, impairment, and other classes; state regulations may broaden these protections to other classes. Additionally, it protects workers from termination in cases where they report misconduct at the workplace, or in any case where they are fired in reprisal for a workplace dispute with a higher-up.

Should you be the victim of discriminatory termination due to your status in a protected class, you can protect yourself by becoming informed about your rights and the choices accessible to you. To recognize what your rights are, and what remedies you are entitled to within the law, you will need to discuss with legal counsel in order to understand your wrongful termination, and start to reconcile the situation or build a court case. A lawyer can help you determine whether you were in fact the victim of wrongful termination, and what the law can do to protect or repay you for this breach. You may be entitled to have your position within the company restored, receive back pay, or receive a severance package to aid you as you identify your next position; conversely, you may be able to seek remedy with the courts for your wrongful termination.

The best way to start investigating your case and conceivable remedies is to compile records relevant to your claim. You may want to gather emails relating to any conflict in the office environment, and any other information you deem necessary. You may also want to keep a written log of incidents that come up in the workplace, and any unusual or retaliatory conduct exhibited on the part of managers or others included in the conflict. With this data at hand, you will be able to establish a narrative and a time line for your case. Speaking to a lawyer will help you recognize what information may be necessary, as well as serving to ratify your experience separately in advance of any sort of mediation or legal action.

Copyright (c) 2012 Roush Law Group

Alfred Roush is an employment attorney who helps clients with matters concerning employment law. If you are in search of solutions to questions pertaining to worker company contract disputes, inappropriate termination, severance packages, or any corresponding problem, visit his website

Source: EzineArticles
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