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Wrongful Termination Archives

Was I wrongfully terminated after my injury?

If you lost your job after filing a workers' compensation claim for an on-the-job injury, you may be justifiably angry. After all, your injury occurred on the job, and isn't it illegal to fire someone after filing a worker's compensation claim? Unfortunately, there is no automatic yes-or-no answer to this dilemma, and the circumstances of your injury have a great deal to do with how your employer may respond to your injury and recovery.

Was your employment contract violated when you were terminated?

When a person believes that he or she has been wrongfully terminated, that often means the employee believes he or she has faced some form of discrimination or that the employer illegally retaliated against the employee for reporting a safety or procedural violation. However, some forms of wrongful termination are more technical and possibly less about an interpersonal conflict. If you have an employment contract, then there may be specific provisions in the contract that dictate how you may be terminated, and what that termination would trigger as a result. If you were terminated in a way that violated your contract, this can also be a form of wrongful termination that is legally actionable.

If you've been fired, stay calm and take action

Most all of us, at one time or another throughout our lives, will experience being terminated from a job. However, just because it happens to many people doesn't mean it was rightfully done in your case. It is difficult to say here whether or not your termination was wrongful or not — there are many variables that must be carefully evaluated in each instance. If you believe that your termination may have been wrongful, then there are steps you should take to build the strongest case possible.

What is a retaliatory firing?

Whenever a person is let go from a job, there is the potential for that person to feel that he or she has been wrongfully terminated. There are a number of reasons that a job termination may not be legal, and it is important to have a good grasp on the basics of wrongful termination laws to help you evaluate if your experience was illegal or simply frustrating. One of the key elements to many wrongful termination cases is whether or not the firing was retaliatory.

What is a constructive discharge?

As an employee, it is always possible that you may be terminated for unfair or discriminatory reasons, which is the basis of a traditional wrongful termination suit. However, depending on various elements of the case, you may be able to file a variation of a wrongful termination suit, even if you leave your job voluntarily. In legal terms, this is known as "constructive dismissal."

Can I be fired because of an on-the-job injury?

Being let go from a job is never an easy experience, and almost always the individual who is fired is made to feel that he or she is personally responsible for the event. In reality, however, there are many instances in which the employer is in the wrong for either the way in which they terminated an employee or the grounds for that termination. In many cases, a termination may occur because the employee, through no fault of his or her own, is inconvenient to employ, or presents a financial burden that the employer does not want to meet. The details of each case are different, but many instances of an employee being let go subsequent to an on-the-job injury are grounds for a wrongful termination suit.

Did cop's 'braver' choice lose him his job?

As a society today, we collectively face various sources of discord and frustration. Race relations and violence within the police force are matters of top concern today. It seems like there is consistently a new story of unarmed, African American individuals being shot by authorities.

Alcoholism Is A Protected Disability And Employers Must Accommodate It

Recently University of Southern California head football coach Steve Sarkisian filed a lawsuit against the university alleging that he had been wrongfully terminated because of his disability, alcoholism. This raises the interesting question as to whether alcoholism is a protected status and what obligations employers have towards alcoholic employees.

Whistleblower Law Extended In New Jersey

The public has an interest in finding out when businesses are breaking the law. The people most likely to have that information are employers of the company in question. In an effort to encourage public disclosure of wrongdoing, New Jersey passed the Conscientious Employee Protection Act (CEPA). CEPA is sometimes referred to as a whistleblower statute. Blowing the whistle on your employer was, prior to the passage of CEPA, a good way to end up fired. The statute works to protect workers by preventing employers from taking adverse job actions, including wrongful discharge, termination, demotion or transfer in retaliation. CEPA gives workers the right to recover damages, including attorney's fees, if the company does retaliate. Until recently, however, it was not clear whether CEPA extended to workers whose job duties included identifying health and safety risks.

Ex-adviser to Gov. Christie claims wrongful termination

Being dismissed from a job for any reason can certainly impact your financial stability. In some cases, termination negatively impacts a person's reputation, impeding one's ability to seek future employment.

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