Termination Policy
An employer's termination policy must adhere to federal and state regulations. Employees cannot be fired based on discrimination or as a retaliatory action. A termination policy cannot violate the provisions of Title VII of the Civil Rights Act of 1964 (Title VII) which state that employers are not able to terminate employment due to gender, age, national origin, religion, race or marital status. Employees are also protected by the Family and Medical Leave Act, the Americans with Disabilities Act, the Pregnancy Discrimination Act and sexual harassment under Title VII. These are just a few examples of the many legal rights that you have been afforded that relate to an employer's termination policy.
Employers cannot base their employment decisions on stereotypes or as a form of retaliation for a complaint that is based on protections which are afforded by various statutes. An employer must treat each and every employee the same and must have unbiased decision-making procedures. This means that members of a protected class cannot lose their job or be subjected to a termination policy that does not focus on an employee's job performance.
Although most work situations are based on employment at-will, employees still have the right to their employment if the employer has used a termination policy that infringes upon statutory protections. An employee cannot be fired because they have complained about discrimination in the workplace, they are asking for time off, they have applied for worker's comp, they are a part of a certain religion or race, they are too old, or they have become a whistle blower. A termination policy should be focused on job performance, skills, attendance and contributions. Your employer will have to prove that they based their termination policy on permissible grounds.
If an employer has an unlawful termination policy, they can be fined and sanctioned. You can also get damages for having lost your job and income. There are numerous federal and state agencies that an employee can file a complaint with. For instance, the Equal Employment Opportunity Commission (EEOC) protects employees from illegal employment practices. This particular agency was created by Title VII.
An employee can bring an action against their employer for a wrongful termination policy by filing the proper paperwork, making an appearance and meeting the required deadlines. Each agency has different regulations that must be correctly adhered to, which makes it ideal to use the services of a qualified attorney. In the case of an EEOC complaint, an employee is required to file a complaint within 180 days . These agencies will investigate the termination policy claim, provide mediation and ultimately file a lawsuit on your behalf if it is found to be necessary.
The extensive experience and training that a qualified attorney has will only benefit your case. They have the skills and qualifications that are necessary to develop the appropriate legal strategy for your termination policy case. Labor laws are in force to protect your legal rights. If you have been a victim of an wrongful termination policy, you should consult with a qualified attorney right away. To do so, simply fill out the form on the right and an attorney will contact you shortly.
