Employment Litigation Lawyer
Usually, when you start employment with a company, you are oriented to your job description, responsibilities and the employees’ code of conduct.
The code of conduct or usually known as employee rules and regulations and serves to guide employees on the things they need to do in order to be considered worthy of their employment.
On the other hand, it also shows employees what they are forbidden to do which is not in the interests of the company. The rules also impose warnings and punishments for those who might be caught violating the rules and regulations. Sometimes violations may even lead to termination of employment.
However, if your employment has been terminated based on unknown grounds, it could constitute wrongful termination, which you can discuss with a lawyer, like an employment litigation lawyer in Washington, DC from Eric Siegel Law. Generally, being wrongfully terminated means that you have been discharged from your employment for unjust reasons.
Still, not every unjust or unfair discharge of an employment constitutes wrongful termination.
An employer must have discharged an employee illegally, so that such an act would constitute wrongful termination. This is based at the very least on the legal implications of such terms.
There is no federal law, which concerns only the subject of wrongful termination. However, a variety of federal laws exists that prevents employers from illegally dismissing/terminating or discharging their employees.
Wrongful termination may be wrongful if:
- it violated the Federal or state’s discrimination law
- it violated the rights indicated in the “First Amendment to the U.S. Constitution”
- the act itself violated the discharge policy being enforced by the employer
- led to a breach of implied or explicit contract of employment and/or a collective bargaining agreement between the employer and union
- led to infringement of the “covenant of good faith and fair dealing”
- employee is not willing to break a rule or law
- disguised in a false statement of facts
- due to employees’ jury duty
Furthermore, it might be considered wrongful termination if the employer discharged an employee as retaliation for the following:
- lawful exercise of employee rights based on the appropriate labor and employment laws
- lawful exercise of union rights
- taking legitimate leave under the FMLA or Family and Medical Leave Act
- served time in the country’s military reserve
- whistle blowing
Based on several significant provisions in wrongful termination laws, victims can seek relief and damages by filing certain complaints with the respective government agency enforcing the laws that had been violated. Victims can also file private lawsuits against their employees or even both of these legal actions.
Keep in mind that knowing your rights and learning what you can do about any violation of it is empowering enough for employees.