Learning that you have been fired from your job can be a huge shock and you may just accept it without fighting for your rights. Although there is usually nothing an employee can do for their discharge, those who were illegally fired have some options. Wrongful termination occurs when a worker is fired for unlawful reasons. A wrongfully terminated employee may be able to sue their employer if they can prove their employer violated a federal employment law or breached a contract with them. Due to the complexity of this type of case, it is best for an employee to be represented by an experienced Wrongful Termination attorney virginia.
In a state like Virginia, employers can fire employees without reason. But, this doesn’t mean they can do so without discretion. Also, employees must keep in mind that not all unjustified discharges constitute wrongful termination. A termination can only be illegal when it violates the law. The following are examples of wrongful termination:
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Termination Due to Discrimination
Under the law, employers cannot discriminate against employees based on a protected class including age, religion, race, age, and others. Every worker has the right to a discrimination-free workplace environment. Workers who have been discriminated against on the job could be harassed, denied opportunities, given lower pay, or terminated. Employers who fire a worker on this ground can face a wrongful termination lawsuit.
Discharge For Reporting Sexual Harassment
A lot of workers experience on-the-job sexual harassment. In this situation, the victim must report the instances to their boss. But, filing a complaint or report could result in the employer retaliating against the complainant and firing them for doing so. Termination for addressing workplace sexual harassment is illegal.
Discharge for Filing Workers’ Comp Claims
Workers who suffer a workplace injury may be eligible for workers’ compensation. But, some employers may illegally fire workers who file workers’ comp claims instead of giving them the compensation they deserve. This action is not legal and offers grounds for wrongful termination. Also, employees cannot discharge employees who testify for their co-workers during workers’ comp proceedings.
Termination for Blowing the Whistle
Whistleblowing happens when a worker reports illegal activities in the workplace such as unlawful actions that can harm other employees and the public. Every worker can report wrongdoings and if their employers fire them for doing so, they can sue for illegal termination. The discharge is a clear indication of retaliation, which is unlawful under the law. Whistleblowers have protected by state and federal laws.
