In employment law, wrongful termination, also referred to as wrongful discharge or wrongful dismissal is a legal concept in which the employer terminates an employee’s contract early, where the early termination violates one or more state or federal laws or a federal or state statute provision. Wrongful termination and other termination claims are considering actionable by law and a private party may bring an action against the employer on these grounds. This may come as a result of financial loss for the employee.
Every state has different laws on what is wrongful. Most federal and state laws deal with separation or discharge from employment for specified reasons, for example, sexual harassment, discrimination, violations of a worker’s right to privacy, and other wrongs. States also have their own reasons for determining if an employment contract can be terminated. State law also considers a termination to be wrongful termination if there is proof of discriminatory conduct by the employer. State discrimination laws differ as well. Retaliation is also another potential reason for wrongful discharge.
Protected Employee Rights
Discrimination is not allowed by federal or state laws. Employers have the duty to take steps to eliminate bias and prejudice in their workplace. They should do so without being motivated by race, gender, religion, or age. Employers are also required to provide equal opportunities for all employees. They cannot discriminate against any particular group because of their race, color, religion, or age.
There are various federal and state laws that protect employees against firing based on their race, color, religion, sex, national origin, or age. The U.S. Department of Labor does have specific laws that address these issues. The Equal Employment Opportunity Act (EEAA) is a federal law that addresses the treatment of people in the workplace. Although this law is the primary legislation that prohibits discrimination, it does not specifically define what constitutes wrongful or unlawful discrimination. The EEAA also requires employers to provide certain accommodations to employees who have been adversely affected by employment decisions. Age discrimination refers to a workplace policy that prohibits hiring or promoting people based on their age. An employer cannot legally hire, promote or fire a person based on their age.
If an employee feels that he has been terminated unfairly, he should first contact a Wrongful Termination Attorney to get their advice on the matter. They may recommend that an employee file a lawsuit against the company under the wrongful termination statutes. The Nevada statute on wrongful termination provides for monetary and other damages. However, the wrongful termination law allows employees to recover damages only if they file a claim to the EEOC within 180 days of the date of wrongful termination.
Working With a Wrongful Termination Attorney
We have worked with many people who have been wrongfully terminated from their jobs, and we will review your case and help you determine your next steps.