Many employers are skilled at terminating an employee without giving them a clear-cut reason for their dismissal. Not only can this lead to confusion on your end, but it also makes it difficult to determine if your legal rights have been violated.
It doesn't matter if you saw the writing on the wall or your termination caught you off guard, you should understand that you have legal rights as an employee. After you have been fired, you need to protect those rights, as you may learn that you could be owed some form of compensation.
There could come a point in your career when you receive the dreaded termination letter, phone call or email from your employer. It doesn't matter if you were expecting it or not, it stings just the same.
One of the reasons that wrongful termination cases can get so complicated is that employers are well aware of the reasons they can and cannot fire their employees. When they decide to violate an employee's rights and fire them over something that should not warrant it, they may attempt to hide it from the very beginning. It can be difficult to prove that's what they're doing.
Certain federal laws exist that can land an employer in hot water if they violate them. Many of these pieces of legislation prohibit discrimination in the workplace. The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act of 1967. Not all employers are required to abide by these pieces of legislation though.
New Jersey, much like other states in the country, upholds an employment-at-will doctrine. This means that employees have a right to quit their job for any reason and at any point in time. It works the other way around too. Employers in at-will states can terminate an employee without giving them any advance notice or having to explain their actions.
A woman who worked as a regional director for Starbucks has filed a wrongful termination lawsuit against the coffee giant in U.S. District Court here in New Jersey. She is accusing the company of discriminating against her and violating her civil rights because she's white.
It doesn't matter if you saw your termination coming or were caught off guard, losing your job is a big deal on many fronts. Not only can it affect your career development, but it will also impact your finances until you're able to secure a new position.
It's critical to review your employment contract before you begin working for a new employer. Neglecting to do so could result in you signing something that doesn't have your best interests in mind.
Having a job is a rewarding experience until your employer fires you out of the blue. Was your release considered part of larger layoffs? Are you an at-will employee? Or, were you wrongfully terminated by your employer? If you belong to a union, you cannot be let go unless it is with just cause. This means that you can fight the termination with the help of your union representative. Let's explore just cause and how to determine if it was used properly in today's post.