In order to understand wrongful termination, one must understand the governing employment laws in his or her municipality. Even in an at-will atmosphere of employment law, there are situations in which an employer cannot fire his or her employees. This is not to say that termination is illegal, but there are instances in which it is, and in this light, if one feels that he or she has been wrongfully terminated, he or she should speak to a wrongful termination lawyer. A wrongful termination lawyer can explain in more detail the following key tips to recognizing and understanding the key elements of employment law.
First of all, one must understand what is meant by employment law. This is an all-around term for the legal association between an employee and an employer. If there are any violations of this code, ethically or legally, there is bound to be tension between these two parties. Often, there are steps to take to resolve these issues before it ever has to become an actual court case. One of these types of negotiations is arbitration. There is also mediation. Through arbitration, the individuals can both air their ideas and the arbitrator will come to a conclusion that is just as binding as a court judge’s. Through mediation, the mediator simply allows both sides to speak and then offers suggestions on how best to rectify the situation. Going straight to a wrongful termination lawyer may be one’s best bet in order to have actual legal counsel beside him or her through each phase of the process.
If the arbitration or mediation does not work, the employee may be fired. For this to be illegal, the employer must have violated one or more specific state or federal laws. The following are actual valid reasons that one can fight an employer based on wrongful termination.
Discrimination is the most widely usable and most prevalent reason behind wrongful termination. If an employee believes that he or she has been wrongfully terminated on the basis of gender, race, pregnancy, religion, or disability, he or she should speak with a wrongful termination lawyer immediately. Any discriminatory basis for refusal or ending of employment is against the law.
Retaliation is yet another valid reason that an employer can sue for wrongful termination. Retaliation is the firing of an individual for failing to cooperate with a specific order or activity in which the employer has demanded that he or she participate. Many times, an employee will take this information to authorities, and if fired after doing so, he or she has a definitive case for wrongful termination.
There are many more valid reasons for wrongful termination and this is why it is so important to speak with a wrongful termination lawyer.