Wrongful Termination of Employment – A Protectable Class?
Wrongful Termination of Employment
In the context of the various protections afforded to employees under California law, wrongful termination of employment refers to a situation where an employee has been arbitrarily dismissed from their job for whatever reason. Although employment is believed to be “at will,” which means that an employer can fire an employee for any reason at all, there are various exceptions to this generalized rule. An employee can be involuntarily discharged for just cause (which is different than “for just cause”), and there is also an alternative term of employment called an “employment termination agreement.” In this article, we’ll explore some of the more common scenarios in which an employee may be entitled to recover damages for wrongful termination.
Sexual harassment is an example of the most common reason an employee can be forced out of their job. If you have been sexually harassed by your current or former employer, then there’s a strong possibility you can file a claim for wrongful termination based on the fact that the employer may have acted unreasonably in relation to your gender. In addition, anti-discrimination laws typically cover sexual harassment, even if the conduct takes place in the workplace. If you’ve been subjected to anti-discrimination discrimination, you may be able to sue your former employer to make them compensate for the damages they caused you. Also, if you’ve been harassed due to your gender (as opposed to an actual discrimination due to your gender), then you may be able to collect damages on a claim of sexual harassment.
Another frequently heard example of wrongful termination occurs when an employer wrongly terminates an otherwise qualified individual based on his race, nationality, religion, or age. In California, for example, it is illegal for an employer to discriminate against prospective employees based on race, nationality, age, gender, etc. Although state law does not require that employers show that they have a legitimate reason to discriminate against someone, courts have found that this type of treatment creates a likelihood of future discrimination against minorities.
Wrongful Termination of Employment – A Protectable Class?
Another example of wrongful termination occurs when a company hires someone because of complaints regarding sexual harassment or other protected conduct. In California, for example, the “guarantee” provision in civil service laws automatically protects employees against retaliation (if the firing is later found to be unlawful). This means that if you are engaged in sexual harassment at work, you cannot be fired for this activity without a showing of probable cause. As long as your employer has taken reasonable steps to ensure that you will not be subjected to harassment based on your gender, race, nationality, religion, or age, then you may be entitled to recover damages on this basis.
In addition to sexual orientation and gender discrimination, wrongful termination of employment also often targets people on the basis of their marital status or other non-employment factors such as age, race, religion, or disability. People who are disabled and unable to work must often receive reduced wages or be discriminated against when applying for certain jobs. Similarly, those who are married but have been excluded from employment because of their marital status are often the victims of this type of action.
In order to protect against this type of action, employers must take certain actions that do not violate the rights of the employee, such as avoiding discrimination based on race, nationality, religion, national origin, gender, disability, or age. If you believe that you have been a victim of this type of discrimination or know that another employee has been subjected to such treatment, you should contact a personal injury attorney who can provide you with a knowledgeable legal opinion. The New York State Human Rights Law provides extensive protection against employers who are guilty of violating the state’s anti-discrimination statutes. Your attorney can advise you on the best course of action for filing a lawsuit and can assess the strength of your case. A qualified attorney can make sure that your claims are properly filed in the right venue and with the appropriate evidence and facts so that you have a strong chance of success.