4 Job Dismissal Situations that Might Not be Legal
If your employer dismisses you, they must do so without breaking any discrimination laws. If they are breaking the law, then you can take them to court. These job dismissal situations are examples of unlawful termination from employment which might be too close for comfort for those victimized by a rogue employer.
Fighting back against bad employers means the workers who come after us don’t have to face the problems that we did. Unfortunately, most states in the US operate an employment-at-will policy, which means that your employer can terminate your employment for reasonable cause at any moment. When they fire you for a reason you think might be discrimination, or because you are a whistle-blower, they are breaking the law. It is only when the employer breaks the law that you can pursue them for damages.
4 Wrongful Termination Examples
These four examples of an unfair dismissal by an employer might help you decide if you need to seek legal guidance. If you do, find an employment attorney in your area to represent you. Pursuing legal action means holding rogue employers responsible for their actions. It also allows you to claim recompense for your strife.
1 – Sacked for Speaking Up
Corporate communication is bureaucratic and can take weeks. That’s not OK when dealing with workplace harassment, bullying, or discrimination. If someone in your workplace is bullying you and you speak up about it, your employer can not sack you as a result.
Your employer must listen to you, act upon the information you give them, and try to find a peaceful resolution. Sacking you might solve their problem, but it is illegal dismissal. US law prevents employers from sacking whistleblowers. You may not be taking down multinational corporations but speaking out when you see wrongdoing is not a punishable offense.
2 – Sacked for having a Disability
Everyone surely recalls the massive $125 million in damages that Walmart had to pay an employee with Down Syndrome. The employee was set on a new work schedule that didn’t suit their strict routine, which helped them maintain good health. Since the employer made no attempt to facilitate the employee – who had worked there for several years – the court held them liable.
Your employer cannot sack you for having a disability. They should also take reasonable steps to facilitate your working needs. The Americans with Disabilities Act prevents this.
3 – Sacked for being a Male/Female/Mix
You have the God given right to be the gender you are. Nobody – and especially not an employer – ought to discriminate against you because of your gender. No matter what you identify as, if your employer sacks you because of it, they are breaking the law.
4 – Sacked for Being Too Young or Too Old
There are certain jobs which require you to be older than 21. Otherwise, your employer cannot sack you for being either too young or too old, in their eyes. If your employer gives your age as a reason for dismissing you, gather all the evidence you can and take it to a lawyer. Age discrimination is a real problem in the states. Make sure you seek legal guidance if it happens to you.