Federal and state employment statutes protect the rights of workers to assert themselves in the workplace. Companies should not punish those who know and make use of their rights. Unfortunately, some organizations may attempt to penalize those who engage in certain protected activities.
While employers generally have the right to terminate workers for any legal reason or no specific reason at all, they cannot terminate workers for an illegal reason. It is illegal to terminate a worker because of their protected characteristics, including their age, race, religion or sex. It is also illegal for a company to terminate a worker because they engaged in protected workplace activities. The three behaviors below sometimes immediately precede a worker’s summary termination. In those cases, workers may have grounds to fight the wrongful termination they’ve experienced.
What behaviors might lead to a company wrongfully terminating an employee?
Requesting unpaid leave
There are certain scenarios in which workers may need to take a leave of absence from work. Under the Family and Medical Leave Act (FMLA), those who have worked for a company for at least a year and whose employers are large enough are eligible for up to 12 weeks of unpaid leave in certain circumstances.
They can take leave when they need to recover from an injury or undergo treatment for an illness. Leave is also an option when providing medical support for a family member or after adding a child to the family. Firing a worker for requesting leave or after they return from it is potentially a form of wrongful termination.
Discussing wages or unionizing
Some employers include provisions in their employment handbooks or training modules telling workers that it is against the rule to talk about their pay and benefits. However, federal statutes and court rulings have affirmed the rights of workers to discuss their working conditions and organize. Companies that terminate workers for discussing wages or attempting to establish a union may have violated the basic rights of their employees. Retaliating against workers for organizing is inappropriate and illegal.
Reporting misconduct
Perhaps a worker in a safety-critical profession notices violations of certain standards. Whether they work in a factory or at construction sites, they may notify management about their concerns. Other times, complaints may have to do with some misconduct of a coworker. Workers dealing with harassment or discrimination from direct supervisors may try to assert themselves in the workplace, only to face retaliatory terminations.
Employees who have experienced a wrongful termination may have grounds to initiate employment litigation. A successful lawsuit can lead to a worker getting their job back or securing compensation for the economic hardship caused by an unjust firing.