Another reason for a rise in wrongful termination suits is because employees increasingly understand wrongful termination law. In a situation where an employee understands wrongful employee termination and their employer doesn't, the grounds are fertile for a potential wrongful termination lawsuit.The increase in wrongful termination claims (mainly involving discrimination and sexual harassment) can also be attributed to laws such as the Americans With Disabilities Act of 1990, the Civil Rights Act of 1991 and the Family And Medical Leave Act of 1993. Because some areas of these laws are vague, they are open to interpretation; an experienced wrongful termination attorney familiar with the Acts is often the reason why the plaintiff wins.
Over 50 percent of all wrongful termination cases are won by the former employee (up to 70 percent in some districts) and there are more than 20 legal grounds for making a claim for wrongful termination or discharge. Clearly, "at-will" employment doesn't mean that an employee has no legal rights if they are terminated from a job.
So what are grounds to make a wrongful termination claim?
A wrongful termination attorney will basically study four areas of the law to determine whether their client has a case, including federal and state statutes, public policy, good faith and fair dealing, and implied contracts. Grounds for a wrongful termination case include anti-discrimination laws (e.g., firing a person because of race, age, sex, religion, sexual preference, positive HIV/AIDS tests, disability, height, weight, arrest record, marital status, genetic carrier status and military service).
If employers violate a public policy, they have likely planted the seed for a wrongful termination case. Some examples of violating public policy include:
- Whistle blower retaliation
- Termination for jury duty
- Refusal to break the law at the request of the employer
- Invasion of Privacy
- Defamation of Character
In 2009, Financial Executive discussed five common mistakes made by employers that could result in a wrongful termination lawsuit. In a nutshell:
1. The Employee Manual does not properly address procedures for termination.
2. The context in which managers deliver termination communication is important: ambiguous statements, such as "If it was up to me, you'd still be working here," or "It looks as though we most likely won't be able to keep you on," may cause a legal situation.
3. If charged with discrimination, your employer must prove that the termination was business-related. Managers who neglect to document policy violations and inadequate performance make it challenging to support the company's defense. Managers must support any employment actions, including performance reviews and subsequent write-ups for poor performance, and firings with complete and appropriate documentation.
4. Documents that include managers' personal remarks, hyperbole and emotionally laden rhetoric will benefit the employee in a wrongful termination case. Your employer or immediate supervisor can easily add inappropriate comments when documenting violations such as wrongful conduct, intoxication or drugs, tardiness, unsatisfactory work quality, or violation of safety rules.
READ MORE WRONGFUL TERMINATION LEGAL NEWS
If you have been in any one of these situations, you may have grounds for a wrongful termination lawsuit. Whatever grounds you may have, a wrongful termination claim does not usually reach the point where your employer may reinstate you and/or compensate you for back-pay and warranted damages. Instead, the majority of wrongful termination claims are settled at the initial phase—when your employer is looking for a bargain. This phase is crucial to your settlement and imperative that you have a wrongful termination attorney on your side.
READER COMMENTS
Ash
on
Linda Matthews
on
American Man
on
bobbiebharper
on
Shane D
on
Part owner cut end of my index finger off with a saw, went to the bone, nerve damage. Was at place of employment 2 months, part owner asked me not to turn into work comp. I took one for the team in Feb.
July I hit a deer in company vehicle on way to managers meeting, totaled truck, air bag deployed in my face. Employer reluctant for me to see Dr. Asked me to wait a couple hours to see how I felt. Ended up going to ER, neck and back still hurt. DX herniated discs,concussion. Ordered not to work 30 days. Company pressuring me to work with emergency calls, I was on many med, didn't want to lose job so I worked on restriction. On meds still was asked to respond with owner to roof inspection for hail.
Owner had me get on roof to inspect, we discussed on the way there I couldn't get on roof. Needless to say he needed help and asked me up 2x.
I went up to take measurements on edge of roof, stood up dizzy and went off roof 16' in the air. He asked me to keep this between us, I guess since I complied on finger injury in feb. He stated to tell work comp my new injuries were from car vs deer. Drs didn't buy it. Dec.6 Filed a claim on roof and finger.
Company retaliated and fired me Christmas morning by email for non compliance to keep company vehicle clean, absurd and had never been written up for anything.
Hired work comp attorney. Previous employer fought treatment until day before pre trial hearing then caved and approved all medical. Work comp IME even sided with me.
Also hired attorney for wrongful termination, were in settlement negotiations currently.
Merry Christmas!
Joe
on
Nicole
on
Namene simon
on
Madiha
on
2 . Two mangers were so aggressively acted to terminate me. Like it was there goal that day, which they achieved.
These 2 managers lied that other people were wearing the coat, the fact of the matter is they were not wearing it. At that time I had feeling GOD is the only witness, but once I stepped in parking lot there I saw one witness. And she has submitted her statement that other people had no coat on and they left office with her safe and sound.
witness statement is the prove that 2 manager were eager to terminate me and they lied and above all HR manager supported managers and she was 100% with them . They all teamed up.
3... They r telling everyone that I quit and witness and everyone on floor are the witness that I have given 200% to that company and I was working really hard .... We pay money to buy uniform. We take 8-9 hours training for the whole week and then study for the test to get the airport badge . Am I stupid to pay for all that and study for the test. As soon as I got the the test and received my badge they fired me. We pay for our uniform first and then work and receiving check. We invest first. ( there are a lot of favorism going on their relatives are working there they fire people like crazy .. They work like 80-90 hours per week it's seems like it seems like this is not a corporate it's a family business. This is the first company I ever seen which hire people not yearly, not monthly, not even weekly but every single day they hire people, and they fired people , but no one raise any question. Hiring people is like a everyday hobby to them like they order dinner every day, firing people are their favorite attitude like if u done like the dinner just through the dinner out from the window or door.
I am in stress.u will see just 2-3 nationality over there.
Everyone is telling me that coat can not be the reason to fired me. People are saying that I was more educated then them and they were in secure that I will go up with my degree and hard work. My kind of supervisor was telling me the same day that u should be promoted and she will be talking to manager. I didn't know that instead of promotion I will be terminated. They used me given me more experience then my tittle that shows I had the ability to go up.
Actually there was one manager then second manager came they started making me to take off badge. And then there was one more HR manager she supported 2 other manager they all terminated me. And then they were spreading the words That me ( MADIHA) quit the job ... I am fortunate enough that I got witness. She even wrote that all managers are wrong. But within comany every one teamed up against me. And terminated me within 5-8 minutes. All co- workers are with me and in shocked that over the coat they terminated me, even I appalogized,.
At work everybody is asking me that it's wrong and they picked and choose me among other co- workers who have done the same thing. No verbal or written warning that was childish and dumb. They just wanted to use their authority
David Williams
on
Stephanie
on
Michael Miller
on
Dennise Schalk
on
jack
on
Josh Rene Calderon
on
Shellia jones
on
Tyrone Gilliam
on
Shirley Sharkey
on
ricardo ramirez
on
becky madany
on