Navigating the complexities of employment termination laws in Maine can be challenging. Employees must understand their rights and legal options when facing wrongful termination. This guide provides comprehensive information on Maine's wrongful termination laws, including at-will employment, key protections, legal actions, remedies, and procedural steps.
What is Wrongful Termination?
Wrongful termination is the illegal firing of an employee by an employer.
A worker who is employed under at-will employment conditions and who is terminated illegally may sue for wrongful termination if the complaint process with a relevant state or federal body has been exhausted without satisfactory resolution.
What Classifies as Wrongful Termination in Maine?
In Maine, most waged employees operate under at-will employment, granting employers the authority to terminate employment for any reason. However, there are crucial exceptions to this rule, delineated by state laws. Wrongful termination, defined as a breach of these legal parameters, carries significant implications for both employers and employees.
Maine law prohibits termination based on discrimination, breach of contract, retaliation, or other legally protected activities. Discrimination based on age, gender, disability, ethnicity, religion, sexual orientation, or pregnancy is explicitly forbidden. Additionally, employees cannot be terminated for whistleblowing, refusal to engage in illegal activities, or exercising rights such as applying for workers’ compensation or taking leave under the Family Medical Leave Act (FMLA).
Wrongful termination claims in Maine necessitate evidence substantiating the violation of state laws. Employees should understand their rights and the exceptions to at-will employment to safeguard against unjust dismissal. This legal framework underscores the importance of upholding fair and equitable practices in the termination of employment relationships in the state.
What is At-Will employment?
At-will employment is commonplace across the United States and Maine is no exception. At-will employment means that both employers and employees can terminate employment for any reason or for no reason at all. Some employees are employed under the terms of an employment contract. The contract determines the conditions of employment such as hourly wages, work hours, benefits of employment, duties, and how employment can be terminated. Employees who are employed under an employment contract cannot be fired at will.
An employer who is found to have fired an employee because of their age, gender, religion, ethnicity, color, disability, or race may face penalties if the employee decides to file a lawsuit against the employer for wrongful termination. Generally, no ‘Right to Sue’ in Maine will be granted until the complaint has been brought before the relevant state or federal agency such as the Maine Human Rights Commission (MHRC) or the Equal Employment Opportunities Commission (EEOC).
What are My Rights in Wrongful Termination?
Understanding your rights in wrongful termination is crucial, especially in an at-will employment state like Maine. Despite the flexibility that at-will employment offers to employers, employees are still protected by certain laws and regulations.
Employee Protections Provided by Maine Law & Regulations: Maine law prohibits termination based on protected characteristics such as religion, nationality, disability, and others. This means that regardless of your employment status, you cannot legally be fired due to one of these characteristics.
Additionally, employees have rights regarding whistleblowing, refusal to commit illegal acts, and family or medical leave under FMLA. If you believe you have been wrongfully terminated, you have the option to file complaints with state or federal agencies like MHRC or EEOC. These agencies investigate complaints thoroughly and may issue a "right to sue" letter if no resolution is reached.
Despite the general ability for employers to terminate at-will employees without cause, termination cannot occur for specific reasons, including:
- Being a whistleblower
- Discrimination based on protected categories is one of the most common reasons for wrongful termination
- Making a complaint about discrimination or any other workplace issue such as workers' compensation
- Taking leave under the Family Leave Act
- Unwillingness or refusal to commit a crime under orders or suggestion by an employer
- Understanding these rights can empower employees to take action against wrongful termination and protect themselves in the workplace.
Wrongful Termination Legislation
There are various laws that protect workers from illegal (wrongful) termination. These include Title VII of the Civil Rights Act (1964), the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA). These are all federal laws and protect workers principally against obvious forms of discrimination. The categories of protected workers from discrimination are called “protected classes”. Maine has its own state legislation, the Maine Human Rights Act.
The main federal agency to file a complaint with is the Equal Employment Opportunities Commission (EEOC), which investigates and censures breaches of wrongful termination laws in workplaces of 15 or more employees. The Maine Human Rights Commission (MHRC) investigates complaints of wrongful termination in smaller workplaces and liaises with the EEOC. The MHRC also investigates incidences of discrimination or retaliation in housing and education as well as employment.
Suing for Wrongful Termination
In Maine, if you believe you've been wrongfully terminated, you must follow specific procedures before pursuing legal action. Whether the termination is based on discrimination or other illegal reasons, there's a process to be followed.
Firstly, identify the reason for your termination. If it's based on discrimination due to belonging to a protected category, such as race, gender, or disability, you can file a complaint with either the MHRC or the federal EEOC, depending on the size of your workplace.
If your termination is based on other illegal reasons, you should file a complaint with the Maine Department of Labor. After filing a complaint, there's a waiting period of 180 days for resolution. If no resolution is reached within this time, you'll receive a ‘right to sue’ letter, allowing you to proceed with a civil lawsuit in the Maine Superior Court.
Before filing a complaint, ensure you have substantial evidence supporting your claim of wrongful termination, including employment records, contracts, and details of the termination event.
Wrongful Termination Process:
Each agency works within recognized statutes of limitation, such as 365 days from the date of the wrongful termination for the EEOC. Once a complaint has been received, it will be investigated. Your employer will probably be contacted. The agency may attempt to find a negotiated resolution or impose penalties against the employer if proof of a breach of the law is discovered. They will need to have evidence submitted by you together with your completed complaint form.
You will be allowed to take legal action through a civil court if either agency cannot resolve your complaint. For example, the EEOC will provide you with a “Right to Sue” letter.
Legal Remedies and Process:
Once you've exhausted the complaint procedures and received the ‘right to sue’ letter, you can pursue legal action. Legal remedies for wrongful termination may include back pay, damages for emotional distress, punitive damages, or reinstatement of employment.
In court, if your case is judged in your favor, you may seek remedies such as back and/or forward pay, damages for emotional distress, punitive damages, or reinstatement of employment.
Wrongful Termination Lawyers in Maine
You will find it very helpful to hire an employment lawyer if you have been wrongfully terminated at work. The lawyer can help you at any stage of your complaint, but if you do decide to sue your employer you are strongly advised to use an employment lawyer.
Suing an employer for wrongful termination is not an easy or straightforward process. You can contact an employment lawyer if you are considering suing your employer or need legal help filing an initial complaint with a relevant state or federal agency. The lawyer will understand the process you need to go through intimately and will be able to assess whether you have good grounds for a wrongful termination case against your employer. The lawyer may be able to advise you about time constraints and the evidence you need to support your case.
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Conclusion
Understanding Maine's wrongful termination laws is crucial for employees facing unjust dismissal. By familiarizing themselves with at-will employment exceptions, key protections, legal actions, and remedies, employees can effectively navigate the legal process and protect their rights in the event of wrongful termination.
