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Discrimination or Retaliation? Understanding the Causes of Wrongful Termination

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An employee can be terminated for discrimination, retaliation, or for violating any law of the employment contract. Different employees are terminated for different reasons, such as harassment or discrimination.

The attorney of Law Offices of Usmaan Sleemi will help the employees take the right action. These lawyers offer a free consultation to solve the cases of wrongful termination.

The meaning of the term wrongful termination

Wrongful termination is the illegal elimination of employees. It happens when a termination violates federal laws or a contract. In wrongful termination, both the employee and employer end their relationship. If the employee proves the case of wrongful termination, the employer will have to face financial penalties.

Types of wrongful termination

Wrongful termination can be of several types, such as:

. Harassment

Harassment includes any insulting or negative comments about gender or race. It can also include unwanted sexual advances or retaliation for rejected advances. These comments create an unhealthy working environment.

. Constructive dismissal

Constructive dismissal is when the employer harasses the employees to leave the job. It can include manipulating the terms of employment contracts without informing the employees.

. Illegal acts

If the employer asks the employee to commit any illegal activity, it is prohibited by the law. Any request by an employer to the employees for doing a wrongful act can lead to severe consequences.

. Whistleblowing

Reporting illegal acts to a higher authority is whistleblowing. Many employees act as whistleblowers in the organization. They report all kinds of illegal activities to the authorities. If these employees lose their jobs, it is wrongful termination.

. Violating public policies

When the employer violates an employee’s termination as per the law, it is a wrongful termination. This termination is not applied according to the terms of certain laws.

. Retaliation

Retaliation is terminating an employee for reporting illegal acts to management. It is a wrongful termination, and employers face severe consequences for retaliation.

What are protected activities at the workplace?

Certain activities save employees and their jobs. An employer cannot terminate an employee who is protected by the laws. Employees can perform some activities without fear as the laws protect them. The different types of protected activities are:

Reporting any illegal or unlawful behavior to the top management
Participating in any investigation or session
Demanding the legal rights of an employee
Investigating any case of wrongful termination
Filing certain claims
Filing a claim for workers’ compensation
Reporting any sexual harassment or misbehavior
Reporting the unsafe working conditions
Reporting any illegal act going on within the workplace

Meaning of Discrimination and Retaliation

Knowing both these terms is necessary for employees and employers.

Discrimination refers to differences between employees based on gender, race, age, and other characteristics.

Retaliation is wrongful termination by an employer to remove an employee. It is illegal and involves severe punishment.

How can wrongful termination in the workplace be prevented?

Some tricks will help to prevent wrongful termination at a job, such as:

The employee must provide a written agreement of employment to get justice
Employees and employers must communicate freely to avoid any kind of misunderstanding
Effective training sessions will help the employees understand the legal acts at the workplace
Employers must treat every employee equally

Conclusion

Wrongful termination is an illegal activity that can affect both employees and employers. With the right steps, it must be prevented in every workplace. Employees facing wrongful termination can seek the advice of a lawyer or attorney. Legal advice is very helpful to employees who want to save their jobs.