Auto Accident Law 101

Three Reasons To Consult With An Employment Lawyer About An Unlawful Termination

19 March 2018

Everett Cook

An employer cannot fire their employee for any reason they want. There are labor laws on the books designed to protect people. Employees have rights. If you have been wrongfully terminated, you may be able to get your job back. You may also be entitled to compensation. Examples of this include back pay, expenses related to your termination and compensation for damages. The following are three examples of unlawful termination.

You were injured on the job and were collecting disability

Sometimes when an employee is hurt while working, it can take a long time to get healthy again. Many employers expect a person to come back in a couple of weeks, but if it has been a longer time than this, an employer will move on by hiring someone else for the job. This is understandable, but when you are ready to return to your job, your employer must provide you with a job. It may not be exactly the same job you had before, but it must be similar, and at the same pay with the same benefits.

You were fired because of a class you belong to

The federal government protects certain groups of people in the workforce. You cannot fire a person because of their race, religion, gender, nationality, disability or age. This latter class is only for those middle-aged and older. Sometimes there are jobs that have certain requirements that exclude members of a protected class, but this must be addressed during the hiring process. For example, if you are a member of a religion that doesn't allow you to serve alcohol to customers, this is may not be a problem if the business that hired you doesn't serve alcohol. However, if the policy changes and alcohol will be sold, you cannot lose your job because of this. This type of situation can happen in a restaurant. Also, state laws may expand the list of federally protect workers to include things such as sexual orientation.

You refused to take a lie detector test

This is often found in retail establishments when there is a strong suspicion of employee theft. The company may hire a private investigator to test all of its employees to find out who has been stealing. Although asking people to take a lie detector test is not illegal, firing someone who refuses to do so is illegal. This is a federal employment law. There are also laws in certain states that expand the scope of firing employees for refusing a lie detector test.

If you feel that you have been fired for an unlawful reason, you should contact an attorney with experience in employment law. Keep in mind that these cases are hard to prove, but if your unlawful termination has merit, an employer may want to settle rather than go to court.

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