A Better Way - The Virtus WayWrongful Termination
Virtus Law Group
Wrongful Termination Attorney's in Birmingham, AL
The term “wrongful termination” implies that an employee has been terminated from employment unlawfully and my occur in number of different scenarios.
The contract may be written, oral, or implied. For instance, if an employer has promised job security or regular promotions in a written contract, and the employer fails to meet these obligations, this could constitute wrongful termination.
The termination of an employee based on race, color, national origin, sex, religion, disability, pregnancy, or age, is illegal under U.S. federal law. Wrongful termination due to discrimination occurs when an employee is terminated on the basis of a protected characteristic, such as race, color, national origin, sex, religion, disability, pregnancy, or age. This form of termination is considered illegal under U.S. federal law. Additional protected categories, such as sexual orientation, marital status, and military status, are included in some states.The primary law addressing this issue at the federal level is Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin. Other important federal laws include the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Pregnancy Discrimination Act. Employees who believe they have been wrongfully terminated due to discrimination have the right to file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC). To prevail in a wrongful termination discrimination lawsuit, the employee must generally prove the following:
- Employment Relationship: They must prove that they were employed by the company and that an employment relationship existed.
- Protected Class: The employee must belong to a protected class (based on race, color, religion, sex, national origin, age, disability, or any other protected status).
- Adverse Action: The employee must show that they were subjected to an adverse employment action, such as termination.
- Discrimination: The employee must prove that the adverse employment action was taken because of their status in a protected class.
If an employee can prove these elements, they may be entitled to remedies including job reinstatement, back pay, promotion, damages for emotional distress, and payment of their legal fees. Employers found to have engaged in discriminatory practices can also be required to take corrective actions, such as implementing policies to prevent future discrimination. However, it’s important to remember the process and remedies available can be influenced by many factors, including the size of the employer, the specific circumstances of the case, and more.
Employees are protected from retaliation under various laws. This means that an employer cannot fire an employee for asserting their rights under employment laws, such as complaining about harassment or discrimination, reporting safety hazards, or participating in an investigation or lawsuit against the employer.
Constructive discharge is when the employer creates a work environment that is so intolerable that a reasonable person would feel compelled to quit. If an employee quits because of this, it may be considered a wrongful termination.
