Wrongful Termination

Stewart & Stewart Injury Lawyers

If you have been removed from your position and were unjustly treated and perhaps wrongfully terminated, you need an Indiana wrongful termination lawyer from Stewart & Stewart Injury Lawyers. Actions that we might consider unfair or unethical are not necessarily illegal for U.S. employers. Because of employment at will both sides of the employer-employee relationship are voluntary and, under normal circumstances, no explanation is needed for ending the relationship.

Despite employment at will, if an employee has been fired, laid off, forced to retire, or compelled to resign (constructively discharged), they may still have a case for wrongful termination. Employers are prohibited by Federal law from terminating an employee because of discrimination against who you are or in retaliation for something you legally did or they illegally did. The law is on the side of those who are victims of Indiana workplace discrimination.

Which laws prohibit discrimination?
The employer’s motives for terminating a worker’s employment may come into question if it is determined that he fired you in violation of Federal laws that protect you from discrimination; what you are is not just cause for termination of employment. The number of employment discrimination cases filed in Federal Court has doubled since 1992. There are more than ten Federal laws in place to protect workers from discrimination. Some of the most common include:

• Civil Rights Act of 1964 – Title VII prohibits discrimination because of race, color, religion, sex or national origin.

• Age Discrimination in Employment Act of 1967 – prohibits age discrimination of those between the ages of 40 and 65.

• Civil Service Reform Act of 1978 – prohibits discrimination by Federal employers on the basis of race, color, national origin, religion, sex, age, disability, marital status, political affiliation and sexual orientation.

• Americans with Disabilities Act of 1990 – prohibits discrimination against qualified individuals who have disabilities.

Which laws prohibit retaliation?
According to Federal laws, employers cannot terminate you for reporting their illegal actions to the proper authorities or in retaliation for something you legally did or they illegally did. Some of the most common protections include:

• Fair Labor Standards Act of 1938 – protects workers from termination and other retaliation for exercising their rights to minimum wage, maximum hours, overtime pay, equal pay, and child labor requirements established under the act.

• Employee Retirement Income Security Act of 1974 – prohibits employers from terminating employees to prevent them from attaining vested pension rights. Assures that private-sector employee retirement plans are established and maintained in a fair and financially sound manner.

• Family and Medical Leave Act of 1993 – allows employees of associations with 50 or more employees to take up to 12 weeks of unpaid leave per year without losing their jobs or group health benefits during the leave.

• Whistle Blower Protection laws – protect employees from retaliation for reporting illegal action to the proper authorities. Includes OSHA violations, violations of the Sarbanes-Oxley Act of 2002, also known as the Public Company Accounting Reform and Investor Protection Act, and others.

What are other exceptions to employment at will?
In addition to the Federal laws that prohibit termination based upon discrimination and retaliation, some states have instated laws that provide other exceptions to employment at will:

• Public policy

• Implied contract

• Covenant of good faith and fair dealing

Only six states— Alaska, California, Idaho, Nevada, Utah, and Wyoming—recognize all three exceptions. Four states— Florida, Georgia, Louisiana, and Rhode Island—do not recognize any of the three exceptions.

How is wrongful termination determined?
If an employee feels that they have been unlawfully terminated, there may be tests to determine if they ware terminated with “good cause,” or for a legitimate business reason. Good cause is often a matter of interpretation by courts or arbitrators, and in some states, employment at will doctrines are so strong that employers are not required to give any cause, just or otherwise.

What if I was wrongfully terminated?
If an employee is terminated based upon discrimination, or for any other reason prohibited by law, they should file a claim with the EEOC or a state government agency as soon as possible. There are time constraints, and that claim may also determine their ability to file suit. After reporting a workplace discrimination claim, a legal solution may be the best option available to an employee who feels they have been unlawfully terminated.