Wrongful Termination
When an employee is terminated for wrongful termination reasons, he/she has the right to claim compensation for such termination. It is imperative that this claim must be brought within three years from the date of wrongful termination. However, even in cases where an employee is terminated without cause, the three-year rule applies.
Claims for Wrongful Termination
Claims for wrongful termination may include, but are not limited to, compensation for medical expenses incurred, punitive damages for emotional distress, and pain and suffering. Punitive damages are awarded to show the failure to follow the employment norms, and the effect of such failure on the person’s personal and professional life.
Federal and State Laws
Under federal and state laws, wrongful termination is not allowed to occur because of race, gender, religion, age, national origin, or any other protected grounds. State laws, however, allow for wrongful termination based on these protected grounds. Federal laws also impose stiff penalties on employers who discriminate against employees based on any protected grounds. The rights enjoyed by an employee under federal and state laws are equal to those enjoyed under any other law.
Filing a Case for Wrongful Termination
Apart from these federal and state laws, there are two other types of reasons that an employee can bring about a case for wrongful termination. These are cases arising from a worker’s right to fair wages, benefits and consideration for promotions and transfers. Another reason that can be considered for filing a case for wrongful termination is if an employee feels like he/she has been unfairly discharged or demoted from his or her job. Even if the employee was not given a notice of dismissal, the wrongful termination must have taken place before the expiry of the period prescribed by the employment contract, or at the conclusion of the notice period, whichever is applicable.
It may be hard to determine whether you have been a victim of wrongful termination, especially if the circumstances behind the move are unclear. But once you are certain, you should immediately talk to an attorney and take measures to secure your rights. You are entitled to compensation for mental and physical pain and suffering, as well as for the loss of earnings and future earning capacity. If you have filed a case of discrimination, the employer has to prove that there was no illegal act or action made by him or her.
Workers’ Compensation
In addition to monetary compensation, employees are also entitled to workmen’s compensation, or workers’ compensation, which will cover medical costs and other costs related to being on the job. In addition to monetary compensation, workers’ compensation also covers out-of-pocket expenses incurred because of being unemployed. Federal law states that an employee who feels that he/she has experienced wrongful termination must seek legal assistance. This is so to ensure that the employee is properly compensated for the discrimination. As previously stated, it is always advisable to hire an attorney when dealing with issues of discrimination or abuse of power in the workplace. An attorney will be able to guide you better and protect your legal rights.
