Sometimes In Life There Are Just Bad Bosses
If a person is dismissed from their place of employment with no concern to their legal rights this is wrongful termination. An occurrence such as this is really stressful because the majority of people are not prepared for it. Switches in employment are usually premeditated. Employment is usually viewed as "at-will." So, there really is no obligation on the part of the employee or the employer if they want to end the working relationship. Employers who follow the proper policies can fire people when they wish. However, the legal term wrongful termination does exist because some are unjustly fired.
You can show wrongful termination using one of several strategies. Companies cannot discriminate against individuals and use it as grounds for termination. There are certain things inherent to a person that cannot be changed - gender - sex - age - sexual orientation (in some jurisdictions) - nationality - and it is against the law to add these in when evaluating someone for employment. Employers are breaking the law if they terminate an employee in relation any aspect of Discrimination, like helping out a fellow employee with their case of Discrimination, or filing a complaint on their own behalf. An employer cannot discharge an employee for any of these characteristic as people's rights are protected by civil rights law.
When an employee is fired it must be in accordance with public policy. It is wrongful termination when a person is fired, and it is not taken into consideration. One example of this is when a person is let go for filing a workman's comp claim. Another scenario for wrongful termination is when union employees find that their firing was a Breach of Contract. When the employee was fired this means the boss did follow the regulations. Union employees are usually the victim of this clause, therefore, they have a community of support to turn to.
In a few jurisdictions Breach of Covenant of Good Faith and Fair Dealings is acknowledged. Your character can remain intact since this one prevents you from doing questionable acts. Managers must have appropriate interactions with their employees. They are not allowed to slander then and then use that as a basis for termination. The employer is required to interact with the employee fairly, honestly, and ethically. Employees cannot be let go on a whim. There has to be just cause for doing so. Breach of Implied Contract means verbal agreements about promotions and wage increases are usually viewed as binding. It is unlawful to terminate someone's employment when they have performed in a certain capacity as asked and expect to be compensated fairly.
It is quite likely your attitude towards your former boss will be noticed by those evaluating your wrongful termination. Therefore, it is important to remain professional to your former boss regardless of how upset you are. Keep a clear head and do what is necessary to build a case. Once you catch your breath from the initial shock of the wrong doing you will want to make sure you file any necessary paperwork on time. Often times, there is no statute of limitation, but always double check. There are a variety of organization, not-for-profiits, and lawyers who can clear up any doubts you have and get you going. One other place to see if they have information is the state's labor office.
Wrongful termination can be managed through two unique methods. It will be easy for someone to figure out which is the right course of action. You can file one with the government agency who regulates the labor laws, or you can file a lawsuit. It is unlikely your former job position will be returned to you. Punitive damages, expenses and lost wages are the most likely return. When you shift to the next phase of your life the cash reward will make it a lot easier.