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Page 31 of 57 |
What action can I take against a wrongful termination? |
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If you have been fired without a good reason or in violation of federal or state law (e.g., discrimination), this could be a wrongful discharge and you can challenge your firing. However, before you take action, run your complaint by an attorney for advice because it is likely to be time consuming and costly, and the laws regulating firings vary from state-to-state. But if you succeed, employers can be made to pay back wages, fines, and possible punitive damages or you can be returned to your job.
The odds of successfully winning a wrongful discharge claim if you are an "at-will" employee are slim because your boss has the right to fire you for any or no reason at any time so as long as all protections afforded by state and federal law have been followed. Where no wrong has been committed, "at-will" employees have no remedy for employment termination.
On the other hand, firing a "for-cause" employee without a legitimate reason can be challenged on several fronts:
(1) A union employee covered under collective bargaining agreements can file a grievance for review of the facts and circumstances if s/he believes the termination was wrong.
(2) A government employee may have a property interest in his/her job which cannot be taken away without sufficient cause as determined by a court of law.
(3) Non-government employee may file a lawsuit to have his/her employment termination found to be wrongful. If sufficient cause is established, the inquiry into the employment termination will be closed and the termination completed. However, wrongful termination can result in an employer being held responsible for back wages with interest, reinstatement of employment, and often for punitive damages assessed as a deterrent to other employers. |
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For California legal issues on wrongful terminations, click here.
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