Rights Against Wrongful Termination

• You have been handed your walking papers from your job and do not understand the reason why. Job termination can hurt your self-esteem and possibly be a mark against you when seeking other employment, especially if you were fired. Unfortunately, almost all states have adopted the "at-will" employment law, which means an employer can terminate you at will without giving reason, just as you may quit at will for no reason. But there are exceptions in place that protect the employee from a wrongful termination.
  
  

Discrimination

• Discrimination in the workplace involves color, sex, race, religion, disability, age and pregnancy. Discrimination law varies from state to state, but all states have some type of coverage from the state and federal level. To pursue a discrimination charge, you must file with the Equal Employment Opportunity Commission. Federal law dictates that resolution with the employer must take place first before pursuing a legal suit.
  
  

Union Contracts

• Unions set up a contract with an employer, and in the contract agreement the employer has to show good cause for a termination of a union employee. When an employer fires a union employee without cause, the employee has the right to file a grievance with the union against the employer. The time required to file the grievance is normally only two or three days after termination, so the employee needs to act fast. The employee works with the union to try to reverse the wrongful termination. After all rights under the agreement have been used, the employee may seek a legal breach of contract claim.
  
  

Violation Of Public Policy

• People who get hurt on the job may seek a workman's compensation claim. If an employer terminates an employee for filing a claim, that violates the public policy behind workman compensation laws.
  
  

U.S. Military

• Federal law prohibits termination of any military personnel during war or peace time. The Uniformed Services Employment and Re-employment Rights Act does not allow a person serving in the military to be terminated from their state-side job and that they are re-employed with the same job after serving duty.
  
  

Medical Leave

• The Federal Medical and Family Leave Act allows an employee up to 12 weeks unpaid time off in a 12 month period without the threat of termination. As long as you qualify, your employer must adhere to the requirements of the act. If your employer violates the act, you may file a complaint with the U.S. Department of Labor. Contact your state's department of labor to inquire about the various laws under the Federal Medical and Family Leave Act.