A wrongful termination claim may be filed in court when an employee believes that he or she was unlawfully fired. You will need to provide supporting documentation and evidence to back up your claim. When file a wrongful termination claim, you can ask to be compensated for your losses, such as lost wages, lost benefits, mental anguish, and so forth. You need to keep evidence showing your losses, so you can determine the value of your settlement.
Depending on your situation, your employer may have to accommodate you when your pregnancy affects your ability to do your job. This is because the Pregnancy Disability Act (PDA) protects pregnant employees from discrimination. The employee is required to act in a way that allows the pregnant employee to undertake work related tasks.
Federal law prohibits discrimination in the workplace based on an employee’s national origin, which includes the person's ancestry, birthplace, culture, or surnames associated with a particular ethnicity. If the employee can provide sufficient evidence that discrimination has taken place based on any of these characteristics he or she may be able to file a claim for discrimination.
A Right to Sue letter gives you permission by the Equal Employment Opportunities Commission (EEOC) to file a lawsuit in the federal court. When the EEOC issues you with a Right to Sue letter, it is stating that it has done everything possible to solve your discrimination claim and it believes you have a chance to win if you file your own lawsuit for compensation.
If your employer terminated you or laid you off indefinitely, you might have legal grounds to file a wrongful termination claim. Although most employment relationships are considered at will, your employer can violate a law that can lead to the filing of a wrongful termination lawsuit.
Most employment relationships are based on a legal principle called at-will employment. This type of employment relationship allows both employers and employees to end an employment relationship at any time and for any reason. For example, an employer can terminate a worker to save money on labor costs. On the other hand, an employee can quit a job without giving notice.
Employment discrimination is not always easy to prove but sometimes a plaintiff loses a case because they don’t have sufficient facts to support it. To win an employment discrimination lawsuit, you need to provide the facts and the law needs to be on your side. You need to be sure that the employment discrimination you have experienced is illegal and then gather all the evidence that supports your employment discrimination case.
Yes, most contracts allow an employee to be fired, but only for a “good cause”. If you think your firing violated your contract or law, you may be able to file a claim against your employer for wrongful termination. If you have a written contract or other statement that promises you job security, you have a strong argument that you are not an at-will employee.
Most waged employment, with the sole exception of employment in the state of Montana, is at-will employment. This means that an employer or employee can terminate employment at any time without giving a reason.
Most employment does not involve a written contract, but there may be in some cases an “implied contract” which is an implied agreement or agreements about the conditions of employment which may arise due to what has been said or referred to in an employee’s handbook or manual.
