It is a dreadful experience that you do not experience frequently during your life. “I’m sorry, but we have to let you go.” Your employer has terminated the employment relationship and you wonder if the action is considered illegal. In most cases of employment relationships, neither the employer nor the employee has to give notice or provide a reason for terminating the employment relationship. However, employers must follow Maine and federal laws when it comes to firing a worker. If you believe your employer wrongfully terminated you, contact an employment attorney to discuss the wrongful termination laws in Maine.
What is the Maine Human Rights Act?
Like a vast majority of states, Maine passed an anti-discrimination law that protects employees in the workplace. Modeled after a landmark federal civil rights law, the Maine Human Rights Act bans the practice of discrimination in several settings, including when it comes to employment relationships. According to the Maine Human Rights Act, employers cannot discriminate based on several demographic factors, such as age, race, color, and disability. Other protected demographic classes include gender, religion, ancestry, and sexual orientation.
Although there are several categories of discrimination, the category that matters for employment relationships is terminating a worker based on a protected class as written into the Maine Human Rights Act.
Are There Other Laws That Protect Maine Workers From Wrongful Termination?
The flurry of activity in state legislatures concerning wrongful termination based on discrimination and retaliation occurred because of the legal doctrine called employment at-will. An at-will employment relationship means both employers and employees can end an employment relationship at any time, under most circumstances. However, employers cannot terminate a worker as an act of discrimination or retaliation, which the United States Congress has made clear by passing several worker rights laws.
Perhaps the most significant worker’s rights law concerns Title VII of the Civil Rights Act of 1964. The United States Congress established the precedent for protecting workers against acts of discrimination. Under Title VII workers cannot face discrimination because of race, gender, national origin, and religious beliefs, among several other protected demographic classes. Subsequent laws added protections against discrimination based on age and pregnancy.
Who Oversees Maine Wrongful Termination Laws?
The Maine Human Rights Commission (MHRC) oversees the wrongful termination laws in the state. You have just 300 days after the act of wrongful termination to file a complaint with the MHRC. Workers have the right to file a complaint in person or via the United States Postal Service (USPS) by completing a form provided by the MHRC. You also can submit an Electronic Intake Questionnaire Form online and once received by an intake officer, you have the opportunity to discuss the facts that are associated with your case.
At the federal level, employees submit a complaint with the Equal Employment Opportunity Commission (EEOC). To schedule an appointment to discuss your complaint, visit the EEOC public portal and follow the directions listed on the website. A representative from the EEOC should contact you within 10 days of receiving the online request. The EEOC and MHRC operate under an information-sharing arrangement. If you file a complaint for wrongful termination with one agency, the other agency should receive the same complaint shortly thereafter.
Filing a wrongful termination complaint before the short deadline can be difficult to do unless you work with an employment lawyer. Complete a free case evaluation today to determine how to proceed with your case.
