This blog post will look into wrongful termination and workplace disputes. We’ll take a brief look at what wrongful termination is and how it differs from the end of an employment relationship in general. We’ll then cover some of the factors that must be present to prove wrongful termination, as well as some recent cases where employees have been awarded damages after they were wrongfully terminated. Finally, we’ll go into detail about what can happen if you are currently facing a dispute with your employer.
What is Wrongful Termination?
Simply put, if an employer wrongfully terminates an employee, that employee can be entitled to file a lawsuit against the employer. This entitlement will take some of the burdens of the employee in that he does not need to prove that wrongfulness. If the employer is proven to have acted in a wrongful manner, then damages will likely be awarded. On top of this wrongful termination claim, many states have statutes that allow employees to recover damages for lost wages and emotional distress.
Ultimately, wrongful termination is presumed to exist when an employer terminates the employment of an employee but has no legal justification for doing so. For example, if the employee was absent from work and was fired as a result, then there would likely be a wrongful termination claim. If, however, the employee was absent from work but did not follow the company’s procedure for absence in violation of company policy and was fired as a result, then this would not likely constitute wrongful termination.
Can I File a Claim for Wrongful Termination?
With wrongful termination, one of the most prominent questions is whether an employee can file a claim for wrongful termination. While this question is always up for debate and will vary from situation to situation, the general answer is yes. All that has to occur for an employee to establish a claim for wrongful termination is that the employer acted in a way that would be deemed unfair by an outsider if they had no knowledge of the company’s workplace environment or culture.
For example, if an employer fired an employee for being absent from work, as previously stated, this would likely be defined as termination in violation of public policy. Alternatively, if the employee was absent from work and it was a violation of the company’s policy, but there were extenuating circumstances which meant that the employee was unable to comply with the policy at that time or should not have been terminated for their absence, then it could be argued that this was a wrongful termination.
What Should I Do About Workplace Disputes?
When it comes to dealing with workplace disputes, there are a number of options. If you are currently in the process of trying to resolve a dispute with your employer, it is best if you try to speak with your employer directly. This can often lead to an out-of-court resolution which will be beneficial in the long run as this avoids exposing any potentially embarrassing facts in front of a judge. Additionally, if your employer is willing to negotiate with you, then they are unlikely to go through a lawsuit in the first place.
That being said, there are a number of steps you will need to take if you want to sue your employer. If the dispute involves wages or some other unpaid sum, then it is best if you present your case through small claims court. Small claims court has a relatively low filing fee, and it allows parties to represent themselves.
How Should I Respond to Disciplinary Actions?
If you are currently facing disciplinary actions from your employer, whether it be a written or verbal warning or even a suspension, then it is important that you respond appropriately. If you have been given notice of disciplinary actions from your employer, this will give you an opportunity to attempt to resolve the issue with your employer before it escalates. This can include participating in mediation with an employment lawyer and addressing any issues which may have arisen in an objective manner.
In terms of responding to the written or verbal warning, it is best if you are forthright in your response. You should address any issues that you see as having caused the problem and set out how they will be avoided in the future. If you have an employment lawyer, then they will be able to advise you on what your rights are as an employee as well as how to deal with disciplinary action.
Conclusion:
There are many different factors that can cause workplace disputes and wrongful termination. Regardless of the nature of your workplace dispute, it is important that you seek professional advice, preferably from a qualified employment lawyer. A lawyer will be able to guide you on whether or not you should proceed with a claim for wrongful termination or other related actions, as well as being able to assist you in preparing your case ahead of time.