Something that can prove to be extremely helpful to your case is a written journal of things that occurred, including dates of important events, and any disagreements that you voiced against company practices and policies. If you have participated in the investigation of any complaints lodged against the company, or if you voiced opposition to company policy, openly or otherwise, that may be grounds for showing that you were fired not due to your on the job performance, but for other reasons; including being a voice for doing the right thing for clients, employees or the community in which the business is located.

If you have such written notes, then put then all together and make at least one copy. If you do not have written records, then take the time now to go from memory and also to look through emails, work related documents, a calendar you may have written on, and anything else you can come up with to help you piece your story together and remember events in the order they happened.

If you have yet to be wrongfully terminated but you are in a position where you feel it may happen, by all means start your journal now, if you have not done so already. Then when the time comes, you can show it to a lawyer, and she will be able to decide if she believes you have a good case. Most lawyers will work on a contingency basis and you won’t have to pay, unless they win an award for you. (Of course, they won’t take your case if they don’t feel they have a good chance of winning, either in court, or an out of court settlement.)

In the meantime, you will need a means to replace your income and I can’t think of a better way to make money than to be your own boss and work whenever and where ever you want on your internet business. There are basic skills you can learn, and put into practice, and you will be able to pull money from the internet, almost like your own ATM machine.

The best source to learn this basic skill set is Chris Farrell. He specializes in teaching newbies and technophobes how to get over their mental blocks and start generating residual monthly income from the modern day gold rush, the internet. I have never seen anyone like him in his ability to make it seem so utterly do-able.

He does not try to talk you into buying expensive programs. With free methods and almost no overhead you can generate an income from home, if you commit to meeting the basic learning curve head on. It’s been proven thousands upon thousands of times, that if you take the action steps that Chris Farrell teaches in his free video course, and keep at it daily for a period of months (NOT even a year), you will make money. It’s not even debatable. It works. You can’t count on winning a wrongful discharge case and even if you do win, it can take years. You need to take action, now, to replace your lost wages.

For the simplest, quickest, most direct way to do this that I’ve ever come across, go to http://be-well-get-rich.com/WeekendWebBiz.html.

For more information on wrongful termination of employment, go to Employee Wrongful Termination

Author: Bosco Mcgowan
Article Source: EzineArticles.com
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You need to make the decisions that are best for your business and family as well as give consideration to the people who work for you. Unfortunately, after issuing a painful but necessary cut to your staff, you still may be accused of discrimination or wrongful termination. Good jobs are hard to come by these days, and employees may try any tactic to keep their positions. You need to be familiar with both federal and state laws that apply to employment practices, as well as know that steps you can take if faced with such a lawsuit.

Let me start with a piece of good news. Texas is one of the friendliest states in terms of employer protection. Our state follows the “employment at will” rule, which means that, with limited exceptions, an employee can be fired without warning and without cause. Even if there is a written contract establishing employment, the employer must specifically indicate that he or she will not terminate anyone except for under certain circumstances, which must be laid out. So, even if you signed on the dotted line when hiring someone to assist you in your office, you likely have retained the right to let that person go at any moment that you choose.

The “at will” policy does reach its boundaries when it comes into conflict with the federal and state laws that are in place to protect employees. Texas employers cannot discriminate against or fire employees who fit into the following categories:

1. Whistle blowers – If any employee reports fraudulent activity or safety or environmental concerns to authorities, this person cannot be fired as a result.

2. Refusing to Break the Law – This should not be surprising. If you ask an employee to commit an illegal act and your request is refused, you may not use this decision as cause for termination.

3. Victim of Discrimination against Protected Class – An employee cannot be fired simply based on race, color, national origin, religion, sex, age (with exceptions), disability, or for taking maternity or family medical leave

If you are dealing with a former employee who is suing you for discrimination or wrongful termination and his reasoning does not fit into one of the categories listed above, the case should be dismissed quickly. This is certainly the desired outcome, as the cost for further legal defense can be quite difficult for employers to handle. Out of the discrimination claims that are not dismissed outright, eighty-one percent wind up in front of arbitrators of in administrative hearings. These proceedings cost the employer an average of between $22,000 and $40,000. Of course, cases that end up going to trial will be exponentially higher in total cost. An employer’s best course of action is to know his rights and his boundaries when dealing with employees and always to operate within these guidelines.

Keeping up with this issue is crucial for employers because accusations of discrimination are on the rise, both here in Texas and around the country. Age discrimination is one area that perhaps does not get much publicity, but is a growing problem. As shared by Joe Bontke from the Equal Employment Opportunity Commission (EEOC), “The older the workforce gets, the more age discrimination claims come. 16,585 out of 86,000 cases received in Texas last year were regarding some form of age discrimination.”

This represents a 20% increase in claims since 2004. Section 21 of the Texas Labor Code, as well as the federal Age Discrimination in Employment Act of 1967, protects individuals who are at least forty years old from facing employment discrimination based on age. In addition, charges of racial discrimination in the workplace are at their highest levels nationally since 1994. With the diverse population that resides in Texas, this issue is one that needs to be of concern to all employers. And, with layoffs and office closures continuing to occur in the wake of the current recession, you can be certain that disgruntled employees will be looking for legal reasons to protect their jobs or promotions when paychecks are on the line.

What can you expect if an employee does seek legal action against you? A complaint will be filed with the EEOC within 180 days of the alleged wrongdoing. If mediation is available, the EEOC may present this option to both parties as a first step. Mediation is free and the resulting settlements are confidential. If an investigation is determined to be necessary, someone from EEOC will be assigned to the case and embark upon a study of the case that usually takes at least six months.

The EEOC then will send the employee a “right to sue” letter, which indicates that the employee either has a cause for a complaint, no cause for further action, or insufficient evidence to proceed further. Regardless of the decision reached by the EEOC investigator, the employee still has the right to sue you in federal or state court for up to ninety days after receiving the “right to sue” letter. Be prepared for the possibility that an employee who is unhappy with his situation will pursue his or her case to the fullest extent possible.

It is in your best interest to hire an employment attorney as soon as you receive notice that an investigation concerning possible discrimination at your workplace is underway. An experienced lawyer will assist you in the important process of being fully compliant with the request for materials. Your attorney also will be your advocate in presenting the best possible argument in your defense and ensure that all relevant state and federal laws are being applied on your behalf. If you are facing a complaint concerning employment discrimination or wrongful termination, please place a call to an attorney today.

Tony Bertolino is a managing partner of Bertolino LLP, a law firm with offices in Austin, Houston, and San Antonio. Bertolino LLP has attorneys who specialize in the area of business litigation and can assist with issues surrounding employment. Please contact Bertolino LLP to learn how you can be assisted with your legal needs as an employer.

Author: Tony Bertolino
Article Source: EzineArticles.com
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The State of Texas might be the state with the most employer-friendly employment laws. Although other states widen the protections available to employees who have been terminated, Texas maintains the legal notion that employer and employee are equal in bargaining. In reality, unfortunately, employers almost always have more bargaining power than employees. Under a certain set of legal conditions, however, people in places such as Texas can pursue suits for unlawful termination.

There are two primary circumstances under which unlawful termination has a place in jurisdictions such as Texas. If an employer ordered an employee to do something illegal, and then fired the employee for not doing it, the employee can take action against the employer. Discrimination is also a common route for unlawful termination suits. Successful discrimination lawsuits almost never succeed unless the discrimination is because of a protected class like race or gender.

In cases where the employee disobeys an order to conduct illegal activity, the burden of proof is on the employee. They must be able to present evidence that they were ordered to do something illegal. For that reason, anyone whose employer has requested illegal actions should gather as much evidence as possible before they are unable to access that information again. That way they can both win compensation for their unlawful termination and bring a nefarious employer to justice.

Discrimination suits almost exclusively succeed only if the cause of discrimination was the victim’s gender, race, race, skin color, ethnicity, disability status, veteran status, genetic information, or religion. In short, because of personal characteristics a person cannot change. Some states also forbid discrimination because of a victim’s sexual orientation or gender identity. In Texas, however, these personal characteristics are not protected by law.

If you have been fired because of an employer’s intolerant discrimination or because of your refusal to conduct illegal activity, you may be able to win compensation for your losses. Employment law is a very nuanced specialization, however, so it is in your interests to find the most experienced, compassionate employment lawyer you can. Although no lawsuit is every a sure thing, working with the right lawyer can maximize your odds of a substantial win.

To learn more about conditions for employment lawsuits, contact the experienced Houston employment lawyers of the Ross Law Group today to talk directly to a lawyer.

Author: Karen Whitehurst
Article Source: EzineArticles.com
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But first – a question: What do you call one hundred HR professionals on the bottom of San Diego Bay? A good start! No, wait – that’s lawyers. Lawyers on the bottom of San Diego Bay! (Apologies to Curt)

A little background: SHRM® stands for Society for Human Resource Management, and it’s the world’s largest association of HR professionals, with over 250,000 members in more than 140 countries. There were over 11,000 attendees at this year’s 3-day conference attending training sessions on everything from “Diversifying the Leadership Bench: Maximizing the Potential of All Employees” to “Bullying and Workplace Violence” to my personal favorite, “RETALIATION – Coming Soon to an Employer Near You!!”.

I have to say that of the 200+ training sessions available, not one was titled “Betraying your Employees: The Art and Science of Deception in HR” or “Effectively Padding the Personnel File Without Getting Caught” or even “Making Employees Miserable 101″. You may not believe me, but 95% of the sessions were positive! They had titles like “People Are Your Business!”, “Valuing Experience: Strategies for Employing the Older Worker”, and “Creating a Culture of Engagement”.

I’ve seen it time and time again: HR pros attend training and come home with a wealth of positive recommendations for making their organizations more “people-centered”. Then they’re hit with the reality of their top brass pushing back, saying that – although People Are Our Greatest Asset – we’re not really willing to invest the time and money in ensuring that our people are protected from bullying, retaliation and other adverse employment actions. The organization weighs the cost of defending against a lawsuit or governmental agency investigation and decides it’s cheaper to fight than to do the right thing in the first place.

Many times it simply begins with a poorly-trained supervisor doing the wrong thing with a protected-class employee. Then the supervisor misrepresents the facts to HR, which accepts the supervisor’s version without an in-depth investigation and goes along with the supervisor’s recommendation to terminate or discipline. This is further compounded when it’s learned that the supervisor lied or was mistaken and upper management defends the supervisor and upholds the discipline, rather than doing the right thing and reversing the bad discipline. And that’s how discrimination claims and lawsuits are born. Very few cases begin with the HR professional and the supervisor deciding together to deliberately discriminate against an employee.

Most folks go into HR with the best intentions – to help others. I didn’t speak to a single HR pro at the conference who said his or her goal was to screw employees over – even in jest. But they all admitted they had a difficult time balancing the pressures from their top management with the needs and rights of employees. Trading off a larger paycheck to move up the food chain isn’t an excuse to ignore employees’ needs and violate their legal rights. A true HR professional is not only technically competent in the field, but finds ways to stand up for employees’ rights. A true HR professional doesn’t sell out his or her principles even when ordered by management to discriminate or retaliate against an employee. I’ve been the victim of retaliation by my boss and her boss for whistleblowing activities – and that’s why I’m your Undercover HR Director.

Stay tuned – in my next article, I’ll fill you in on the latest topics putting Human Resources managers’ knickers in a twist. I’ll tell you what advice HR managers have been given to investigate questionable FMLA claims – including surveillance – and why your employer not consistently following its own policies benefits you.

Mary@UndercoverLawyer.com

Author: Mary Woodcrest
Article Source: EzineArticles.com
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It is important determine the reason for termination in order to bring this type of incident to court. The law protects you from being fired because you were injured, but it may not protect you if you were fired while you were injured. This contradiction can be confusing in the eyes of average citizens, so the help of an experienced attorney is necessary in navigating the often-complicated legal landscape.

According to the New Jersey Department of Labor and Workforce Development, the following guidelines apply to termination during disability leave:

• The NJSA 34:15-39.1 statue prohibits the termination of an employee in retaliation for filing a workers’ compensation claim or testifying at a hearing of that nature.
• If you believe you were fired because of the above reasons, you have the right to file a discrimination complaint.
• The law provides for restoration of your former job and payment of any lost wages, providing you can still perform the duties of that job.
• If your termination was based on your disabling condition, you also may be able to file a claim under the Americans with Disabilities Act.

If you believe you were wrongfully terminated, you deserve to be represented in a court of law for your case. The best way to bring justice to your claim is with the help of an experienced attorney. No one deserves to be terminated because of an injury or illness that they sustained due to the job itself. Not only is this illegal, it is unethical. In order to present your case in the best light and potentially receive the compensation to which you are entitled, you should employ the help of a lawyer right away.

To learn more about wrongful termination and workers’ compensation claims, visit the web site of the New Jersey workers’ compensation attorneys of Levinson Axelrod, P.A. today.

James Witherspoon

Author: James Witherspoon
Article Source: EzineArticles.com
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To be able to file a claim for wrongful termination, the termination must violate some fundamental public policy. In simple terms, this means that some state or federal statute, regulation, or constitutional provision must be implicated by the termination. For example, if the employer directs a worker to violate any law, ordinance, regulation or statute, the employer cannot legally fire that employee for refusing such a directive.

Additionally, a claim can also be pursued in situations such as if the employee complains about what he believes as a violation of law, such as late-payment of wages, failure to pay overtime, or workplace safety issues, and is fired in retaliation.

Another public policy violation that could give rise to a wrongful termination claim arises when the employer’s true reason for firing the employee is based, even in part, on that employee’s race, age, gender, religion, disability, or national origin.

Although such discrimination claims are covered under the California Fair Employment and Housing Act (FEHA), they also give rise to a common law claim for it in violation of public policy. Similarly, this also holds true for terminations made in retaliation for an employee’s opposition to, or complaints about, discrimination or harassment based on any of the protected classifications mentioned.

Take for instance, when an employee complains of sexual harassment, and then subjected to work-related criticism, disciplined, written up, or fired, he would have a claim for retaliation under FEHA as well as at common law.

Other terminations are unlawful because they are expressly prohibited in different statutes. Some of these include terminations of workers based on sexual orientation or those that take Family or Medical Leave.

Workers who take leave because they have a serious medical condition, or must care for a parent or child that has such a condition, are protected by the law provided the following situations are satisfied:

o they worked for the employer for more than one year
o worked more than 1250 hours during the previous year
o the company has more than fifty (50) employees that work within a seventy five (75) mile radius

Federal and state laws are enacted to protect employees against wrongful termination. Generally, these laws forbid termination or discrimination based on:

o age
o race
o gender
o religion
o nationality
o disability
o pregnancy

An employer is breaking the law if he or she takes into account those characteristics when considering:

o promotions
o job assignments
o wages

It is also unlawful to fire an employee under the following situations:

o for refusing to break a law
o in retaliation for filing a discrimination or safety claim
o for taking leave under the Family and Medical Leave Act without following its stated procedure or policy
o for a reason that was not stated in the employment contract

Before becoming an online writer, Manuel worked as a journalist, a newspaper columnist, a scriptwriter, a fiction writer, a magazine editor, and a tutor. He acquired his legal background as a Senate legislative officer and later on, as a researcher and paralegal staff in various law offices. Someday he hoped to go back and devote more time to writing fiction, which is his first passion.

Our Los Angeles attorneys provide expert legal services on wrongful termination claims Log on to our website for more details and expect immediate action from our legal staff.

Author: Manuel Salvacion
Article Source: EzineArticles.com
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• Minor violations of attendance or tardiness policies that were not enforced until the employee made a complaint about illegal or hostile working conditions.
• The employer constructs a paper trail of nitpicking criticisms, culminating in a termination. The paper trail begins soon after the employee complains about working conditions, and the criticisms are often subjective and difficult to back up. Nevertheless, the employer uses the paper trail to justify the termination.
• The fake layoff. In this situation, the employer claims that an economic downturn in business forced it to layoff the employee. These claims are often suspect, particularly when the “layoff” only impacts a few employees. Employers, in our experience, will use a fake “layoff,” to get rid of a group of employees who have raised complaints with management, or are considered problematic in some other respect.
• The passive-aggressive approach. In this situation, the employer badly wants to get rid of the employee, usually for some prohibited reasons, but is afraid to go forward with the termination, perhaps fearing a lawsuit. The employer will try to make work so miserable, or so unrewarding that the employee has no choice but to quit and move on to a new job. Even in these circumstances, however, the employee can sometimes make out a claim of wrongful “constructive” termination if the workplace was so intolerable that anyone in the employee’s position would feel compelled to resign.
• The fake manager trick. Employers will often label certain employees as “managers,” in order to avoid paying overtime wages. However, the label doesn’t control whether an employee is exempt or non-exempt from the overtime laws. Employee exemption status depends on the duties the employee performs. If you are labeled as a “manager,” but earn a salary less than $28,800, then you have almost certainly been misclassified and may be entitled to unpaid overtime.
• Off-the-clock work. Many employers ask their employees to “clock out” at a certain time, but then have the employee continue to work for a short while. It is illegal not to compensate a non-exempt employee for this time, regardless of how much time is involved.
• Another employer trick is the timely termination. In this situation, the employer finds a reason to layoff or terminate an employee who is on the verge of obtaining a substantial bonus or commission payment. The goal is for the employer to keep the bonus or commission rather than pay it out to the employee who earned it.
• The quick trigger termination. In this situation, the employer terminates an employee immediately at the expiration of a medical leave taken under the California Family Rights Act or the Family Medical Leave Act. Many times this will result in a wrongful termination because the employer failed to interact with the employee to explore other options short of termination (such as extended medical leave or reassignment).
• Employers will often discriminate against disabled employees by claiming that the employee is too disabled to work, and thus cannot perform the essential functions of his or her position. The employer in this case often opens itself up to liability by failing to consider whether the employee is able to perform the essential functions of any other vacant job within the organization. The goal, in many cases, is for the company to rid itself of a seriously injured worker.
• The slap on the wrist defense. In this case, the employer is aware that one of its supervisors is behaving in a grossly inappropriate manner, such as making racial slurs, sexual advances, or other harassing conduct. However, the supervisor is financially important to the enterprise, which places him or her in a safe harbor. As a result, the employer fails to take appropriate corrective action against the misbehaving supervisor, and instead gives a slap on the wrist warning. The complaining employees, in such circumstances, are often deterred from making further complaints.

Brent Buchsbuam is dedicated to ensuring that employers do not get away with mistreating employees. At the Law Office of Carlin & Buchsbaum, we will protect your professional reputation and your civil rights, giving you new opportunities in your career and in life.

Visit http://www.carlinbuchsbaum.com for more information on California employment law, or email me at info@CarlinBuchsbaum.com.

Author: Brent Buchsbaum
Article Source: EzineArticles.com

At will employment provides both the employer and the employee a great deal of freedom and mobility to adapt to the ever-changing job market. The majority of states assume that employment is on an at-will basis if a valid employment contract does not exist between employer and employee.

Given the very few restrictions involved in an at-will employment arrangement, it may seem difficult for a wrongful termination to occur. So, under what circumstances is it unlawful for a person to terminate an at will employment?

There are several reasons that termination of at will employment may constitute wrongful termination, which will be discussed below. They mainly deal with termination by the employer, although employees may also be held liable as well.

Wrongful Terminations Based on Violations of Law

At will employment is subject to various federal and state laws which make termination illegal under certain circumstances. The following are some situations where terminations of an at will employee are wrongful because they constitute a violation of law:

• Discrimination by the Employer: According to various anti-discrimination statutes, employers cannot terminate an at-will employee on the basis of their membership in certain designated categories. These categories include race, age, nation of origin, sex, religion, and in some states, sexual orientation. This is probably the most common basis for a wrongful termination suit.
• “Retaliatory Discharge”: Retaliatory discharge is when the employer has terminated employment in response to an employee’s actions. Employers are prohibited from firing employees who have reported instances of the employer’s misconduct internally or to a reporting agency. Most of these types of wrongful terminations deal with employees who have reported instances of sexual harassment. The purpose of anti-retaliation statutes (also known as “whistleblower” statutes) is to ensure that employees can report misconduct without fear of losing their job.
• Illegal Acts: Superiors may not order subordinates to engage in or participate in activities that amount to an illegal act. Accordingly, employers may not terminate an at will employee who has refuses to agree to an illegal act.
• Breach of a Contractual Obligation: While at-will employment usually implies that there is no employment contract involved, sometimes employees wish to state certain employment terms in a written contract. Terminations that violate the terms of a contract may be considered wrongful. This applies when either the employer or the employee violates the contract in terminating the employment.
• Taking leave for family or medical reasons: The Family and Medical Leave Act provides guidelines for employees who wish to take leave for family or medical reasons. Employers cannot fire an employee for taking a leave which is in accordance with the Act.
• Violations of a company’s own termination procedures: Some employers specifically provide for their own termination procedures in their employee handbook. A wrongful termination lawsuit may prevail in some instances where employers have failed to follow their own regulations and guidelines set forth in their handbook.

These are the most common situations dealing with at-will terminations that violate the law. They have a good chance of success in a court of law because they are backed by major Federal laws passed by the legislature to ensure fair and just employment practices.

Wrongful Terminations based on Public Policy Violations

In addition to violations of the law, termination of at will employment may be wrongful if it is contrary to public policy. Public policy refers to the body of principles that reflect the collective moral and ethical stance of a community.

An example of a public policy is when the government grants tax credits for people who donate to a non-profit organization. The public policy which motivates the tax credit is that people should be encouraged to contribute to humanitarian organizations.

Public policy is not law in itself, and courts are not required to base their decisions on public policy, but they can weigh heavily in wrongful termination suits. Here are some examples of wrongful terminations and corresponding public policy justifications:

• Firing an employee who has merely exercised a constitutional right (such as the right to free speech)
• Public policy justification: people are discouraged from interfering with constitutionally protected rights
• Firing an employee who reported an employer violation
• Public policy justification: employees should be encouraged to report instances of employer misconduct
• Firing an employee who has fulfilled a civic duty such as a jury summons
• Public policy justification: civic duties are important and can sometimes even take priority over employment responsibilities

Most judges would prefer to base their decisions on statutes or case law rather than public policy. This is because public policy is not law, and it often varies from region to region within the U.S. However, some states do permit recovery for terminations based on public policy violations.

Wrongful Termination based on Breach of an Implied Covenant

Another reason that termination of at will employment may be considered wrongful is if it constitutes a breach of an implied covenant. An implied covenant is an agreement that is not necessarily stated but rather is assumed as a condition to the employment.

An example of this is an implied covenant of good faith. This implied covenant assumes that the employer and employee will act in good faith (i.e., use their best efforts) in providing their services to one another. Another is the implied covenant of fair dealings, that is, that the parties will act in a manner that is fair and will not put the other at a disadvantage.

An employer who has fired their employee because they wish to withhold benefits such as end of the year bonuses or sales commissions would be in violation of the implied covenant of good faith. Employers are expected to make good on the promises they make in hiring a person, and failure to act in good faith during a termination would be considered wrongful. Employees can also violate the good faith covenant, for example, by not providing enough notice before resigning.

Obtaining Relief for a Wrongful Termination of At-will Employment

At will employees who have been wrongfully terminated are entitled to various remedies under law. These may include: reinstatement to their former position, recovery of lost wages, entitlement to back pay, and establishment of further measures for preventing future violations.

In most cases, a wrongful termination lawsuit cannot be filed unless the victim first files a claim with a Federal and/or state regulatory agency such as the Equal Employment Opportunity Commission (EEOC). After filing with the EEOC, the agency will conduct an investigation and order that the proper remedy be applied, such as recovering back pay. Only after the EEOC is unable to determine a proper remedy may a legal claim be filed in a court of law.

Conclusion: Some Points to Consider

At will employment is the norm in the majority of all states. Since there is usually no contract involved, termination must follow procedures dictated by employment laws. In the event that you suspect a wrongful termination claim, an attorney who is well-versed in wrongful termination laws can help you greatly. You may even wish to hire a lawyer at the EEOC reporting stage to help you file your claim. Here are some points to go over with an attorney:

• Termination of at will employment may be wrongful on the basis of a violation of law, a violation of public policy, or a breach of an implied covenant
• If you are an employer, be sure that you are following your company’s own termination procedures when firing an employee
• Double check with your lawyer to see what types of relief can be granted under laws and with the EEOC

Ken LaMance is the Corporate Counsel for LegalMatch.com in South San Francisco, California. LegalMatch is fast, free, and confidential. LegalMatch is America’s original attorney/client matching service and is not a referral service. When a consumer presents their issue to LegalMatch, our system matches the consumer’s case to LegalMatch lawyers in their city or county based on the specifics of the consumer’s case, lawyer’s location, and area of legal practice. LegalMatch also offers a number of useful resources like an online law library, tips, law blog, and Legal Forums on nearly every topic.

Author: Ken LaMance
Article Source: EzineArticles.com

The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.  http://www.eeoc.gov/laws/types/disability.cfm

What do you think?  Leave a comment.

The breach of contract lawsuit alleges production was halted on the CBS sitcom in part to punish Sheen for recent behavior that has included two hospitalizations and, in recent weeks, a series of interviews in which he has attacked executive producer Chuck Lorre. But the suit and Sheen’s attorney, Marty Singer, say most of the incidents cited by Warner Bros. for firing Sheen occurred before his tirades against Lorre began.

“The suspension and termination of Mr. Sheen occurred only after Mr. Sheen had finally been provoked into criticizing Lorre in response to his harassment and disparagement campaign which had been going on for years,” according to the suit.

The filing comes four days after Sheen was terminated from “Two and a Half Men,” leaving the top-rated sitcom’s future in doubt.

Sheen’s lawsuit alleges that Warner Bros. bowed to Lorre’s desire to punish Sheen, and that the producer and studio conspired to blame the actor for causing production to stop.

A termination letter cited concerns about Sheen’s health. Singer said it would be illegal for the studio to fire the actor if he had the physical and mental issues described in the letter.

“We’re saying he was ready, willing and able to work and he could have worked,” Singer said.

Read More here…

Whether you’ve been confident in your placement for years or have started a new job not too long ago, the news that you’re let go can come as a shock – particularly in the event of wrongful termination. While there’s no single, all-encompassing rule dealing with wrongful termination, several legal guidelines work together to guard individuals from discrimination, harassment and uncalled-for firing. Below are just some of them, and in what way they could go hand in hand with your current unemployment.

Discrimination – Lots of personal attributes are guarded legally, which means that a manager cannot dismiss you for any one of them alone. These include but aren’t limited to race, sex, disability, religious opinions and sexual orientation. Some states even see relationship or armed service status, age, tobacco usage and maternity as legally protected.

Retaliation – If a worker is associated with whistle-blowing (informing the authorities of an unlawful business issue or system), the supervisor cannot fire them as retaliation for their movements. This also is applicable if the supervisor had wanted the personnel to run any element of the business in an unlawful manner.

Constructive Discharge – This means the manager makes a change to the work place that keeps an employee from their work, so they leave. Some of the most often affected are people with health-related complications, who may be especially sensitive to changes to the immediate workspace.

Defamation of Character – This is when a company lets go of a staff member, because of some concocted grounds that can injure the good reputation of the individual. If the accusation is not true yet the single grounds for the firing, this type of accusation is protected by labor rules, but can be tougher to prove based upon the state of affairs.

Breach of Contract – This occurs when an employer breaks a spoken or implied agreement they had made with regards to the amount of time one can possibly expect to have their job. This refers to the primary arrangements made by both sides and whether the employee losing their place came as a shocker given the circumstances.

Breach of Good Faith – This is a very simple expectation that all bosses operate in a reasonable and balanced manner. While only certain states distinguish this as a defensible grounds to file a claim against a business owner, it depends on the particulars of each unique case.

If you believe you were fired for the wrong reason, you may want to find a lawyer. An experienced San Jose employment attorney can help you discern whether your case applies, and help you every step of the way.

Article Source: http://EzineArticles.com/?expert=Greg_L_Stevens
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