When someone is fired in Missouri or elsewhere around the country, his or her first reaction may be to sue the former employer. But there are many instances when a firing is not illegal and would not warrant a wrongful termination lawsuit. In fact, recent actions in the Missouri Senate could make it even more difficult to prove discrimination in wrongful termination cases.
Sick days, unlike vacation days, are paid days off for unexpected absences. Vacation or "paid time off" is schedule with HR and coordinated with your team. Sick days are unexpected and come up when you get sick. Many employers give their employees an allotted amount of sick days but what happens if you take those days? Can you be fired? What if you exceed your sick days? This post will go over sick days and your right to take them.
Sometimes companies have to let employees go, and enter into a contract with the dismissed employee. In the agreement, the employer offers further compensation to the employee in return for protection. The employee agrees to not sue the employer for the way they were terminated. In cases where there is no severance package offered, employees have the right to sue their ex-employer for wrongful termination.
Performance goals are common in the workplace. Most businesses rely on metrics to evaluate employees for performance reviews, goals and making business-decisions regarding staffing. In recent weeks the media have been running a succession of articles concerning potentially questionable business practices at the financial giant Wells Fargo. The company allegedly created an atmosphere that required employees to open up new accounts without authorization (or even the knowledge) of the bank's many customers.
Sometimes an employee may be the whistleblower against their own organization. The law makes sure that these employees are protected, and their contracts cannot be terminated while the proceedings are underway. A person cannot be punished for speaking up against something that they feel is wrong. But organizations may choose to retaliate against whistleblowers in several other ways.
Wrongful termination is the termination of an employee's contract that violates the contract itself or employment laws. The contract is crucial in determining whether the employee has been wrongfully terminated. In case no contract was signed, the dismissal can still be deemed as unjust because of the existence of an employment relationship.
The Family and Medical Leave Act ("Act") was passed over two decades ago, and it is still relatively misunderstood. The purpose of the Act was to give workers the flexibility to care for a sick loved one without fear of losing their job. It is still a difficult dispute to overcome as employers still hold the majority of the power in an employee-employee relationship. There are many questions and concerns that employees have, to this day, concerning FMLA (Family and Medical Leave Act)
The Equal Employment Opportunity Commission (or “EEOC”) is charged with investigating and preventing instances of workplace discrimination. It is a wide mandate that covers a variety of discrimination types including: racial, national origin, color, sex, religion, age and disability. Workers may file an anonymous complaint and the EEOC will follow-up and investigate to see if there is any merit. If they find merit with the claim, then they prosecute and levy a fine against the employer.
Not every person who is fired was wrongfully terminated. In most cases, your boss can fire you just about any reason that he or she wants. There are a few exceptions for example; an employer is prohibited from firing someone based upon their gender, family status, age or ethnicity. Additionally, employers cannot fire people who report them for breaking the law or other whistleblower protections. But other than those few examples, most firings are perfectly legal (even if not justified).
Earlier this month, the Occupational Safety and Health Administration released new rules that protect employees under the FDA's Food Safety Modernization Act. There is always a tension between what you want to do to help your boss or your job and what you think you should do to protect the public. Food safety is one of those industries that are woefully under-appreciated. Every worker is critical in making sure that the food supply is safe for consumption. This article will go over those expanded protections and how they may shield you from being unlawfully fired.