Although many employees have had the experience of being fired from a job, relatively few have ever come close to suing their former employer. But, there are situations in which you may be able to do just that. In some cases, employees may sue former employers for wrongful termination, either for the termination itself or for other related actions that occurred during the termination process. For instance, an employee who was fired in retaliation for filing a workers’ compensation claim might be able to sue for wrongful termination, or for retaliatory firing—but, of course, the circumstances of each case are different.
Here are some of the reasons why an employee might sue an employer.
There’s no doubt that managing employees is a tough job. The workplace is rife with issues such as low morale, high turnover, poor customer service, and general employee ineffectiveness. But in an effort to address these very issues, many managers take disciplinary action without following the proper steps and end up regretting it.
The term “illegal termination” refers to the practice of terminating the employment of a worker in violation of the terms of his or her employment contract or any law. An employer cannot fire an employee for any reason or no reason. Furthermore, an employee cannot be fired for exercising a legal right. However, an employer can dismiss an employee for good or bad reasons, as long as the decision to fire the employee is not motivated by bias.
Illegal Decisions About Medical Requests
Medical decisions commonly become the topic of argument between employers and employees. An employee’s request for a medical leave of absence can be denied by the employer due to the decision being deemed “illegal.” An example of this could be an employer that does not want to pay for an employee’s kidney transplant because the employer would rather use the company’s money to fund his smoking habit. Another example could be an employer that does not approve of a particular requested treatment for a medical condition, and instead of providing the treatment decides to terminate the employee. In both of these cases, the employer is in violation of FMLA, or the Family Medical Leave Act and ADA, or the Americans with Disabilities Act.
Harassment is a form of discrimination that violates Title VII of the Civil Rights Act of 1964. It is illegal for employers, employees, and other individuals to harass an individual because of their race, color, religion, sex, or national origin. Employers can be held liable for all harassment that is found to be taking place within their organization, even if the employer is unaware of the harassment.
To know more about the reasons employers are sued over terminations, attend the Compliance Prime webinar.