| Knowing the occurrence of wrongful termination | | | | There is no federal law, which concerns only the |
| Commonly, when you start an employment with | | | | subject of wrongful termination. However, a |
| a company, you are oriented of your job | | | | variety of federal laws exists that prevents |
| description, responsibilities and the employees' | | | | employers from illegally dismissing/terminating or |
| code of conduct. The code of conduct or usually | | | | discharging their employees. |
| known as employee rules and regulations guides | | | | |
| employees on the things they need to do in order | | | | Wrongful termination may be wrongful if: |
| to be considered worthy of prolonging their | | | | |
| employment and receiving promotions and | | | | - it violated the Federal or state's |
| incentives. | | | | discrimination law |
| | | | | |
| On the other hand, it also shows the employees | | | | - it violated the rights indicated in the |
| the things they are forbidden to do which | | | | "First Amendment to the U.S. Constitution" |
| opposes the overall goals and objectives of the | | | | |
| company. The rules also impose warnings and | | | | - the act itself violated the discharge |
| punishments for those who may be caught | | | | policy being enforced by the employer |
| violating the rules and regulations. Sometimes | | | | |
| gross violations may even lead to termination of | | | | - led to a breach of implied or explicit |
| employment. | | | | contract of employment and/or a collective |
| | | | | bargaining agreement between the employer and |
| However, if your employment has been | | | | union |
| terminated on unknown grounds, it would | | | | |
| constitute wrongful termination. Generally, being | | | | - led to infringement of the |
| wrongfully terminated means that you have been | | | | "covenant of good faith and fair dealing" |
| discharged from your employment for unjust | | | | |
| reasons. | | | | - employee is not willing to break a |
| | | | | rule or law |
| Still not every unjust or unfair discharge of an | | | | |
| employment constitutes wrongful termination. | | | | - disguised in a false statement of |
| Though this is the most widely used term, other | | | | facts |
| terms referring to unfair or unjust employment | | | | |
| discharge are the following: | | | | - due to employees' jury duty |
| | | | | |
| - wrongful firing | | | | Furthermore, it might be considered wrongful |
| - wrongful discharge | | | | termination if the employer discharged an |
| - wrongful dismissal | | | | employee as retaliation for the following: |
| - illegal termination | | | | |
| - illegal dismissal | | | | - lawful exercise of employee rights |
| - illegal discharge | | | | based on the appropriate labor and employment |
| | | | | laws |
| These alternate terms connote that an employer | | | | |
| must have discharged an employee, illegally, so | | | | - lawful exercise of union rights |
| that such act would constitute wrongful | | | | |
| termination. This is connotations is based at the | | | | - taking legitimate leave under the |
| very least on the legal implications of such terms. | | | | FMLA or Family and Medical Leave Act |
| | | | | |
| If you, as employee, believed that your | | | | - served time in the country's |
| termination seem unfair, however, in the legal | | | | military reserve |
| sense, the employer's discharge of your | | | | |
| employment cannot be classified as illegal, then | | | | - whistle blowing |
| the act cannot be considered as wrongful | | | | |
| termination. | | | | Based on several significant provisions in wrongful |
| | | | | termination laws, victims can seek relief and |
| It is helpful for an employee to be aware of the | | | | damages by filing certain complaints with the |
| laws involving wrongful termination. Though | | | | respective government agency enforcing the laws |
| knowing and understanding the laws would not | | | | that had been violated. Victims can also file private |
| prevent you from being wrongfully terminated | | | | lawsuits against their employees or even both of |
| from an employment, your knowledge will lead | | | | these legal actions. |
| you to the ways of fighting against this unjust | | | | |
| and illegal treatment and stop abusive employers | | | | Keep in mind that knowing your rights and learning |
| from practicing such against others. | | | | what you can do about any violation of it is |
| | | | | empowering enough for employees. |