This article provides More Examples Of Wrongful Termination.
If you missed our previous article with Examples Of Wrongful Termination, you can read it here.
A person has been wrongfully terminated from their job if they were fired or laid off illegally.
Because Nevada is an at-will state, an employer has the option to fire an employee without having to give a reason or justify the action. On the other hand, an employee is free to quit their job any time they please.
It becomes Wrongful Termination if the termination occurs as a result of any type of discrimination on the part of the employer, if there was any public policy that was violated, or the termination goes against any of the company’s internal guidelines.
Another reason a termination can be ruled as Wrongful Termination is if it is due to the employee being a whistleblower regarding issues in the workplace that pertain to safety or illegal activity going on.
Below are some more examples of wrongful termination in Nevada businesses. You can compare these to your circumstances to see if you see if they apply to your termination.
1. Sexual Harassment Wrongful Termination
Sexual harassment is against the law. This falls under the 1964 Civil Rights Act in Title VII. You may be entitled to back pay and possibly have your job reinstated if you were wrongfully terminated due to sexual harassment. You also may be entitled to punitive damages as well as reimbursement for any attorney fees you’ve had to pay.
It has occurred in a number of companies that sexual harassment is so widespread and common that it becomes a hostile work environment. Employees who are subjected to work in such an environment find it difficult to perform the duties of their job in an effective manner. More often than not, an employee who is forced to work in such an environment finds it easier to quit their job than to deal with the daily stress brought on by the harassment.
This type of sexual harassment should not be put up with. If you were wrongfully terminated from your job because of sexual harassment, because you complained about it, or you finally had to quit because you could no longer tolerate it, you may be eligible to file a wrongful termination lawsuit against your former employer. In this suit, you may seek not only compensation for monetary damages but may include amounts for your pain and suffering you have experienced as a result of this activity.
2. Racial Discrimination
Both State and Federal laws make it very clear that it is not acceptable to treat an employee differently due to their race or the color of their skin.
An example of workplace Racial discrimination would be to put employees who are of a certain race into only certain jobs. It would also include making hiring, firing, or employee promotions based on their race or the color of their skin.
These types of discrimination also create a hostile work environment. If you lose your job due to racial discrimination or you are fired for complaining about it, you may have a solid wrongful termination claim.
3. Workers’ Compensation Retaliation Claims
More examples of wrongful termination include another type of wrongful termination that comes through retaliating against an employee for filing a workers’ compensation claim.
In these types of cases, if an employee is injured on the job and later files a workers’ compensation claim for the injury, the employer will sometimes fire them for doing so.
If your job termination came as a result of you filing a workers’ compensation claim for an injury you sustained on the job, you may well have grounds for filing a wrongful termination lawsuit against your ex-employer.
It is also against the law for an employer to fire or threaten an employee who has testified on the behalf of another employee regarding a workers’ compensation case. It is also against the law for an employer to retaliate against an employee who has missed work due to such a work-related injury.
4. Wrongful Termination Due To Violations Of The Family And Medical Leave Act (FMLA)
The Family and Medical Leave Act is a federal labor law that requires employers of a certain size to provide employees leave necessary to recuperate if they are ill, or to care for a family member who is. It also includes time to care for or bond with a new baby added to the family.
It guarantees that employees who have taken such leave time are able to return to their job without experiencing any retaliation. In order to be covered by the law, the company’s size requirement is that the employer employs at least 50 individuals for at least 20 weeks per year.
An employee is eligible to apply for FMLA leave as long as they have been working for at least 1,250 hours in their job and that they have been in that job for a year or more. Such employees are then entitled to up to twelve weeks of unpaid leave for any of the following reasons:
- The birth/care of a newborn child.
- For the care of an adopted or foster child.
- To care for a family member who is suffering from a serious medical condition.
- The employee is suffering from a medical condition that prevents them from doing their job.
- To care for a family member in the armed forces who is under medical care for a serious injury or illness.
If your job loss came as a result of violating any of these reasons, you may have a valid wrongful termination case. An experienced Las Vegas wrongful termination attorney can offer more information about how to go about protecting your legal rights.
5. A Wage And Hour Dispute
If your employer was refusing to pay your agreed-upon wages, overtime, or commissions and then fired you over it, you may have a good case for a wrongful termination lawsuit. The law is very specific regarding Wage and hour regulations, even though they can be daunting to comprehend. With the right wage and hour dispute wrongful termination lawyer on your side, your case will be in good hands.
Among the most common wage and hour disputes we encounter are the failure of the employer to pay the minimum wage allowed by law, not providing time for rest breaks or meal times, not counting time worked after hours as overtime, and paying the employee as such, or to misclassify workers as salary to avoid paying overtime.
If your wrongful termination came as a result of one of these wage and hour disagreements, you will want to gather the pay stubs, your employment contract (if applicable), any company policies pertaining to the work time pay, your work schedule, etc. This information can strengthen your wrongful termination claim and be included as evidence in court.
6. Wrongful Termination As A Result Of Whistleblower Retaliation
If you were fired from your job because you reported to the authorities any illegal activity with which your employer was engaged, you may have a strong wrongful termination lawsuit.
Just as an example, if you noticed sexual harassment going on in your workplace and were fired after reporting it to the human resource department of the company, that indicates that you were fired as retaliation because you reported the sexual harassment.
Or, it could be that you were fired for notifying the authorities as a whistleblower regarding illegal activity happening at your workplace. These can include things such as:
- Safety violations,
- Conflict of Interest,
- Fraud or abuse,
- Fraudulent accounting or auditing,
- The sale or possession of illicit substances,
- Gender-based Discrimination,
- Workers reporting to work while using drugs,
Contact A Wrongful Termination Lawyer
If you have been wrongfully terminated from your job, you will want to have an aggressive wrongful termination lawyer to represent you. Our attorneys can inform you of your legal rights and what course of action will best suit your case. Contact our office today for an initial consultation to discuss your case.