You have the right to quit a job when you desire, and at the same time, employers have the right to terminate your employment. However, while it may be true that employers are able to make employment decisions pretty broadly, they are not able to violate their employees' rights. If you believe that you have recently been fired in a situation that is protected by state or federal law, you might be able to pursue a wrongful termination claim. Keep reading to familiarize yourself with some of these situations.
It is a federal law for employers to never discriminate against individuals based on their age, race, marital status, disability, or national origin. Depending on the exact laws of your state of residence, statutes may actually extend your individual rights to cover even more situations. Therefore, it is imperative that you talk to an employment rights attorney if you believe that you have been terminated as a result of any kind of discrimination.
It is not uncommon for employees who are sexually harassed by their superiors to also be threatened to be terminated in the event that the employee (victim) refuses to accommodate the advances of the harasser. However, federal and state regulations do not permit this from occurring, and employees have rights that protect them in situations like this.
Violation of Contractual Terms
When contracts are signed by employees, they have the right to believe that the employer will abide by the terms that are outlined in that agreement. A lot of contracts require that employers offer grounds for termination, go through a certain process, and offer severance benefits unless the employee violates a company policy. If you did not violate a company policy and the employer is failing to abide by the terms of the contract, you may be able to move forward with a lawsuit.
Violation of Labor Laws
Depending on your state laws and workplace rules, unionized employees may be unable to be fired by employers without first going through the proper process. If the employer did not go through this process and outright fired you, you may have the grounds for a wrongful termination suit.
Employees who have previously filed a harassment suit, workers' compensation claim, or any other type of action against their employees are fully protected from any form of retaliation. In fact, any efforts that employers take to try and force their employees to quit could provide grounds for a lawsuit, even if you were not terminated.
If you have found yourself in any of the aforementioned situations, your employment rights may have been violated and it is important that you reach out to an employment rights attorney as soon as possible to discuss your situation and what can be done moving forward.