Conduct Legal action right away
Every year, hundreds of thousands of Americans lose their jobs due to the illegal activity by their current or former employers. Sometimes they are simply wrongfully dismissed, but more often than not, there is an intent to discharge them for some reason. Even if an employee has no history of wrongdoing on his or her own, that alone doesn’t always mean that they should be given their pink slip. As most employment law experts will tell you, if an employer has behaved in a way that’s based on discriminatory conduct, then that conduct is actionable even if it didn’t result in any illegal action on the part of the employee.
Employment law protects an employee’s rights in two different areas: discrimination and wrongful termination. You have the right (and your employer probably has the same right) to make decisions about hiring, firing, Promotions, and training for your employees based on their race, national origin, gender, religion, age, disability, pregnancy, or any other protected category. If you’ve been wrongfully dismissed, you have the right to take your case to court and claim damages for loss of income, medical expenses, and pain and suffering. Similarly, if you’ve been unfairly suspended, terminated, layoff, or laid off from your job, you have the right to return to work. The exact laws that govern discrimination and wrongful termination vary from state to state, so it’s always a good idea to consult with a qualified employment attorney before taking action.
Make it sure its not false claim
Just as there can be serious repercussions for making a false claim of sexual harassment, there can also be serious consequences for saying things behind your colleagues’ backs to get yourself thrown out of a job. In cases of verbal abuse or retaliation, or instances when an employer tries to force you to do something that you don’t want to do, you have the right to take steps to protect yourself. Often, that requires a written notice of intent to impose a reprisal, which you should keep on hand and file in every situation where you come into contact with such employers. Keep a file of all correspondence to and from your employer, as well as copies of any reports filed in connection with your harassment or retaliation complaints. If you are disciplined in any way for taking action in response to being harassed or retaliated against, you may have a case against your employer, even if they don’t yet have a lawsuit pending.
There are two types of common employer Wrongful termination claims, these are: actual wrongful termination and implied mistreatment. In the former case, your employer tells you that you are no longer employed or is letting you go in exchange for a severance package or promotion, or some other benefit; and in the latter case, your employer tells you that you are no longer employable but will still be given a promotion or transfer to other positions. While these situations are rarely litigated, the law makes it clear that your rights to work and be treated fairly include not being told that you are or have been terminated for reasons unrelated to your performance or job responsibilities. If you feel that you have been wrongfully terminated, you must take steps to protect your rights.
The more knowledgeable you are about your employment rights
If you do file a claim for wrongful or at-will firing, you must also be cognizant of the fact that states in America have what are called “at-will” laws. These laws say that an employer can only terminate an employee for certain reasons, and if those reasons violate particular statutes or laws of your state. In addition to protecting you from having your employment contract violated, this is another way in which you can protect yourself from becoming another paycheck theft statistic. Every time you negotiate your employment contract, make sure you read and understand its entire language so you know exactly what it says.
Another way to protect yourself when filing a claim for at-will or wrongful termination is to make sure you don’t sign a blank version of your employment contract. If you agree to any conditions in your employment contract, including ones that restrict your right to bring a claim, you must be very careful about not signing a blank version of the contract. You might want to consider hiring an employment attorney or other professional to help you understand what you’re legally agreeing to. The more knowledgeable you are about your employment rights, the more likely you will be able to avoid getting into a gray area that can get you into trouble.