Employment Law Information

Archive for the ‘Wrongful Termination’ Category

How you recently lost your job in a manner that has you researching wrongful termination laws to see if you have a case that qualifies you for damages against your former employer? While statutes can vary from one nation, state or province to another, the following information will give you some general guidelines that might help you understand more of the situation you find yourself in.

“At Will” Does Not Justify Discrimination

Most employment agreements are “at will”. They are non-contractual in terms of a fixed term of service the parties promise each other, and can therefore be terminated at the will of either or both parties, even without a stated reason. However, “at will” does need mean that discrimination or other laws can be violated with impunity. If you have reason to believe you have been discriminated against in violation of federal law, you should write down your reasons for believing this and collect any evidence you can before talking with wrongful termination lawyers.

Did Your Company Violate The Law Or Ask You To Do So?

If you were fired for being a whistle blower you might have a good chance of getting damages in a wrongful discharge case if you can document what actions you took to try to keep the company from violating the law. Or if you were asked to break the law and refused to do it, this could bode well for your case.

Did You Take Time Off?

Sometimes people are fired for taking time off even though there are laws protecting that from happening, such as military service or for voting or family leave.

Did They Follow Their Own Protocol?

Many companies have a strict protocol that includes a set number of written warnings before termination, etc. If they made an exception in the instance of your discharge, this could come back to hurt them in a court of law.

Even If You Win Damages It Could Take Years

Even if your former employer is found culpable and ordered to award you damages, (which is hardly guaranteed) it can literally take years before you receive any compensation. If you are without a means of income, you need to be proactive and take action first and foremost to replace your lost wages for you and your family, immediately (if not sooner.)

Fortunately, it has been proven that virtually anyone can learn to make a very decent income from the Internet if they learn the basic skill set involved. As long as you have Internet access, you can actually start making money with very little to no overhead. This is not an exaggeration, but a simple matter of fact.

This Point Is Important Enough To Repeat

Even if your former employer is found guilty of violating wrongful termination laws, it can take years before you receive any compensation whatsoever.

The two main ways to replace your income on the internet are List Building and what is called, The Bum Method, (or affiliate marketing via article writing).

The best teacher for List Building that I have found is Chris Farrell of London UK (now, Beverly Hills, California). Click HERE to get his free eBook and video course.

For Bum Marketing you can’t go wrong with Pot Pie Girl, aka Jennifer Ledbetter of Georgia, USA. Click the following link to get the first 18 pages of her classic eBook, One Week Marketing, completely free: http://TheResidualIncomeGuy.com

Article Source: http://EzineArticles.com/?expert=Bosco_Mcgowan
http://EzineArticles.com/?Wrongful-Termination-Laws—How-Strong-is-Your-Case?&id=3560504

The greater Portland Oregon area has experienced a serious economic boom for the past decade or so, growing to a staggering 2.2 million people by the end of July 2008. That was almost 2% growth in just the previous 12 months. The greater Portland area includes such places as Tualatin, Hillsboro, Beaverton, Gresham and several other smaller centers.

With dynamic growth like this Portland has seen a significant growth in employment figures as well. But this frenetic growth has taken a hit over the last 18 months. In fact the growth in Portland’s unemployment rate in the year preceding June of 2009 was the highest in the entire U.S. Unemployment rose to 11.6% in April of 2009 – a full 3% higher than the national rate at that time (8.6%).

These numbers mean there are a lot more people in the Portland area out of work, and there will be companies – both large and small – slashing payrolls as they struggle to stay in business. In some of those cases there will be questions about due process as well as termination rights as defined by labor law. While these things vary somewhat from state to state, here are some of the general rules that apply to employer-employee relationships.

While having a job is an essential thing, there are pitfalls that can happen in any employer and employee relationship. Someone who has been let go without due process can claim for both unfair and wrongful dismissal. However, only the compensation for one claim will be entertained so as to prevent the payment of dual compensation. To be eligible to qualify for unfair dismissal procedure, the employee must have been in employment continuously for one year and should have made the claim within 3 months of the date of dismissal.

The one year minimum employment requirement remains in place except in the following exceptions in cases. These include where the employee has worked for a trade union during working hours or when dismissal is linked with pregnancy and maternal rights. In cases of dismissal due to sex, race, age, or disability, the employee should make a claim under “discrimination” and not unfair dismissal. Some of the other exceptions are dismissal for asserting employment laws, health and safety rules, for acting as an employee representative, and acting as a pension scheme trustee.

Wrongful dismissal, not to be misunderstood with unfair dismissal, is based on contract law and calls for a review of the work contract to figure out who has broken the law. Either side can nullify the contract by giving sufficient notice as stipulated in law, however the conditions of the contract supersede the legal provisions. Dismissal under an insufficient notice or short notice can be deemed wrongful dismissal. However, in cases like theft, the employer can take recourse to summary dismissal as the employee has committed a serious breach of trust. Failure to follow the disciplinary procedure is also arguable under wrongful dismissal.

It is common knowledge that many immature employers are irked at the smallest show of retaliation or discontent shown by a worker, like filing a claim for discrimination, retaliation or compensation, after an on site injury. They take it as a personal affront and summarily terminate the concerned worker creating a hostile atmosphere forcing him to quit, which is also illegal as per the clauses of the Civil Rights Act. In such circumstances the worker has the legal right to seek refund of loss in earnings and punitive damages for wrongful termination. In addition, he is eligible to claim for his distress during that period as well as punitive damages.

In such cases the best they thing they should do is to hire an experienced personal injury attorney who has a reputation for good negotiating skills and is proficient with all aspects of employment law. They will ascertain the exact reason for your wrongful discharge. They will take up your claim on an emergency basis without taking a single cent from you. They will discuss the fees agreement during a preliminary consultation and agree to recover their fees as a percentage of the recovery amount.

Wage disputes can be viewed from either side of the coin. From the employer perspective, it is a good idea that they have an attorney on staff, and not wait for a problem to arise with a worker or have to face other glaring issues. This will help them understand the Federal and State Laws and the Fair Labor Standards Act as well as local municipal laws on overtime, rest breaks, travel time, termination and other such matters. Employees also have the right to have their wage disputes protected by the above attorneys.

Federal and state laws prohibit sexual harassment and sex discrimination against men and women in their places of work. Pregnancy related wrongful dismissal of women, retaliation against their refusal to respond to demands for sexual favors, improper advances, remarks and other indecent conduct which detracts from their performance at work, are all part of sexual harassment. As in the film featuring Michael Douglas and Catharine Zeta Jones, it isn’t always a case of a male harassing a female. The tables can sometimes be turned.

If you feel your employment has been terminated unfairly you should discuss your case with an experienced Portland employment lawyer, or a legal firm that specializes in Portland or Tualatin employment law.

Nick Messe is president of Lead Frog LLC. In the Portland Oregon it’s Martin, Elliott and Snell PC for an experienced Portland employment attorney. They always offer a personal and supportive approach to clients seeking legitimate compensation for personal injury – http://www.mes-law.com

Article Source: http://EzineArticles.com/?expert=Nick_Messe
http://EzineArticles.com/?Rise-in-Portland-Unemployment-Can-Lead-to-Unfair-Termination&id=3194530

Wrongful termination is a very big term that covers a lot of different scenarios and circumstances. In general, though, it refers to the termination of an employee’s contract of employment in violation of the contract, a written company policy. Wrongful termination is illegal, and if you fire somebody without cause, you can open yourself up to some unwanted legal trouble. Make sure you are familiar not only with the state law but also your company’s policies regarding employment before you make any employment decision, as it could become a costly error if you don’t.

As already mentioned, there are several different acts that fall under the greater heading of wrongful termination. The following are the most common examples of such:

• Discrimination. It is illegal to fire an employee based on his or her race, sex, nationality, religion, age, or (in some states) sexual orientation.
• Retaliation. It is illegal to fire an employee because he or she has filed a harassment or discrimination complaint. Such a termination is considered a retaliatory action, and is illegal under civil rights laws.
• Refusal to commit an illegal act. If you have ordered an employee to commit an illegal act – hide funds, say, or shred documents – and he or she refuses, it is illegal to fire that employee.
• Failure to follow termination procedures. Most employers of a certain size have a policy in place that describes the conditions under which an employee can be fired, and what procedures must be undertaken. If these written procedures are not followed to the letter, the fired employee may have the right to sue you for wrongful termination.

It’s important to know that, in some states, employment alone is considered an employment contract, and that no physical document has to be signed by either party for there to be a legally binding agreement between the two. The terms of this contract may be influenced by your company’s employee handbook. If you are an employer, you may want to consider discussing the legality of any employment issues with a qualified employment attorney beforehand, as it can help you avoid the potentially damaging wrongful termination lawsuit. These court cases can drag on for well over a decade, if they go to the top courts. It is definitely better to be cautious in this situation.

To find out more about employment law, visit slaterandkennon.com.

Joseph Devine

Article Source: http://EzineArticles.com/?expert=Joseph_Devine
http://EzineArticles.com/?What-is-Wrongful-Termination?&id=2837364

Understanding the governing employment law is central to understanding wrongful termination. There are circumstances where employers can not fire his or her employees but termination is not at all times illegal. More often than not, people who are laid off feel that their termination is illegal, unfair or even unethical. It is in this light that one should understand the issues concerning wrongful termination.

What is the Employment Law?

Employment Law is an all-encompassing legal term governing the legal relationship between the employee and employer. If violation of this law occurs, the relationship of the two parties and the workplace will be affected as tensions and predicament come up. Often, companies do have their employee manuals or handbooks which are good source of the company’s regulations and policies governing the employment relationship, conducts on the workplace, complaint procedures, employees rights, resignation and termination policies.

What are the valid reasons for a wrongful termination?

A wrongful termination takes place when an employer violates a particular state or federal law. These are the valid reasons for a wrongful termination:

Discrimination on the workplace

When an employer fires an employee on the basis of gender, race, religion, disability or any other related reasons, the employer committed a wrongful termination because the reasons mentioned are discriminatory in nature.

Retaliation

Retaliation takes place when an employer fired en employee due to his or her refusal to cooperate in the illegal activity demanded by the employer or if the employee reported the illicit activity of the employer to the management.

Character Defamation

If an employer defames or demeans an employee on purpose to rationalize termination, he has committed a wrongful termination.

Breach of explicit or implied contract

Breach of explicit or implied contract occurs when an employer terminates an employee who is under a contract and fulfilling the terms specified in the contract until the specified time frame ends. In addition, it the contract does not contain an escape clause, the said termination is likely to be a case of a wrongful termination.

Breach of good faith and fair dealing

This stipulates that employees should be treated fairly, mainly if they have rendered long service to a company. As a result, employers can not discharge employees for primordial grounds like refusal to pay due rewards or giving promotions.

There are also other grounds why an employee rights are violated. If you have been wrongfully terminated do not hesitate to fight for your right as an employee. The employment law protects you. Getting a good employment lawyer is a key to solving employment problems and making your workplace a more conducive and peaceful place to work in.

Charlie Prenicolas is a legal researcher who writes informative articles on Illinois civil rights, medical malpractice, and personal injury cases. For more information on reputable Chicago Employment lawyers, kindly visit Dolan Law Offices today.

Article Source: http://EzineArticles.com/?expert=Charlie_Prenicolas
http://EzineArticles.com/?A-Primer-on-Wrongful-Termination&id=3016443