Opening a wrongful dismissal case in the U.S. can be complicated since most employees are hired “at-will,” only through filling out an application. This implies that since the employer and employee are not under a written contract, they can lawfully terminate their work relationship at any moment, with or without cause.
However, there are cases in which the employee can file proceedings against his employer, if he or she suspects illegal motivation behind the dismissal, or that it has been some sort of retaliation.
When the employer violates state and federal law, there are grounds for a claim.
Examples of unlawful termination:
- Termination due to a work injury. This is a common practice for some employers, who take advantage of their employees’ fear or lack of information, and terminate them soon after they are injured by an accident or repetitive work. Instead of sending the employee to the doctor and providing workers’ compensation benefits, they dismiss him or her.
- Termination of the work relationship due to discrimination based on race, gender, national origin, disability, sexual orientation, religion, or any other group considered a minority.
- Termination due to showing opposition to performing illegal activities
- Dismissal for taking time off work due to pregnancy
- Termination after demanding overtime pay, break, or lunch break to which you have the right
- Dismissal for taking time off for a family emergency or absence due to sickness
- Dismissal as a reprisal from superiors
- Termination for taking time off to vote or perform jury duty
Some of these violations involve penalties which require the employer to pay damages to the employee for the loss of wages.
If your employer dismissed you, violating the written contract he or she had with you, or if you suspect that you were illegally fired even without a contract, you need to act right away. Call Grupo MedLegal, where you will find immediate legal assistance.
This Blog is made available by Grupo MedLegal for informational purposes only and does not provide legal or medical advice. The information provided on the Blog should not be used as a substitute for competent legal or medical advice from a licensed professional.