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Wrongful Termination Archives

Reporting work injuries is shielded by whistleblower protections

The Occupational Safety and Health Administration investigate companies to ensure that they respect workers' rights. Among those protections is the right to report injuries and work hazards. This is critical to improve safety and reduce injuries. This article will go over how OSHA investigates may help you and what they can do for you.

Some tips on what to do after you lose a job pt. 2

Jobs serve as outside validation of self-worth. You are valued by your salary, wage, tips and bonuses. So, understandably, people tend to entwine their identities with their jobs. This is good because it motivates people to work harder but it is also bad because if you lose your job, it can be really traumatic. But you don't have time to mourn or find your inner worth; you have to take control because unemployment does not have to consume your life.

Some tips on what to do after you lose a job pt. 1

Losing a job is hard for everyone. The blow to your ego shakes your confidence then dread for the future sets in as you wonder how you will support yourself and your family. This turmoil is expected and but you cannot let it consume you. Losing a job is terrible, but it does not have to be the be-all and end-all. You can move passed it. This article will go over some of the tips on what you should do after losing a job.

Woman allegedly fired for reporting sexual harassment

It is probably safe to assume that every boss in America knows you can't fire someone for reporting sexual harassment. But every now and then the news reports on an alleged incident in which an employer forgets that very important fact. A woman in North Carolina was fired from her job as a waitress after she reported that a manager groped her while she was on the job.

Do you have a right to privacy against your employer?

The right to privacy is a complicated piece of law. Most people assume that privacy is an inalienable right, like free speech or freedom of religion, but it is not. The right to privacy is much more circumspect, and it is severely curtailed when it concerns your employer. Generally, your employer is entitled to search any area that he or she owns.

Do I have a claim for wrongful termination if I wasn't fired?

Wrongful termination usually brings to mind the idea of a vindictive boss firing you because you reported a choking hazard in a toy or noticed that the paperclips you sell spontaneously combust. However, not all wrongful termination claims have such black and white scenarios.

An at-will job does not mean you can be fired for any reason

Most states permit "at will" employment. A job is "at will" when the employer or the employee can terminate the employment relationship at any time for any reason. Missouri is among those states that have "at will" employment laws. However, bear in mind that just because you can quit or your employer can fire you for any reason, does not mean that every reason is legitimate. A wrongful termination claim arises when you are fired for an inappropriate reason. Some examples of unlawful reasons to fire someone include:

  • Breaking an employment contract (it can be either oral or written).
  • Termination as a retaliatory measure against an individual who filed a claim or complaint against the employer.
  • Termination in violation of anti-discrimination laws, either federal or state.
  • Using termination as a means of sexual harassment.
  • Termination in violation of labor laws, including collective bargaining rights and disability protections.

Cooperating with an investigation and wrongful termination

Most employment in the United States is "at-will." At-will employment means that you or your employer are free to end the employment relationship at any time for any reason. This means that you can quit because you want to take a vacation and don't feel like putting in the request. It also means that your employer can fire you because you keep wearing red and your boss hates red. However, an employer cannot fire you as a form of harassment, discrimination or as retaliation for cooperating with an investigation. There are an infinite number of reasons why you can be fired or laid-off, but you can never be fired as punishment for following the law.

Understanding wrongful termination with at-will employment

If you're currently living in a state with termination at will (basically everywhere but Montana), it might feel like you have no recourse after being fired from a job. An employer is not required to have a cause for ending your employment. There are, however, circumstances where they are legally prevented from doing so. Your dismissal may be the result of unlawful discrimination. The first step to being awarded damages in a wrongful termination suit is to understand your rights as an employee.

Did your employer follow procedure for your dismissal?

In Missouri, countless people lose their jobs every year. There are many reasons this can occur, but sadly not all of these are just. In fact, a huge number of employees are fired for reasons that are not only unfair but also illegal. However, it can seem hard to prove that your employer has acted outside the law, and you may be more focused on finding new employment.