Many of us have heard stories of companies that violate employment law when terminating an employee. If this has happened to you and you feel it may have been unfair, it’s important to understand that the law offers protection. Wrongful termination lawyers in Kansas City can explain these rights to you and help pursue legal compensation on your behalf. To help give you a better idea, here are a few examples of situations that constitute wrongful termination.
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Ask Wrongful Termination Lawyers in Kansas City: What Constitutes “Wrongful Termination”?
Termination Based on Age Discrimination
Sadly, age discrimination occurs in today’s workplace. Employers may favor younger employees, one reason being they may be willing to work for lower pay. They also tend to have fewer family commitments that may reduce job commitment and fewer health problems that can jack up health care premiums. Whatever the reason, the Age Discrimination in Employment Act (ADEA) prevents companies from terminating an employee solely based on their age. It’s important to note that age discrimination applies not only to termination, but to job interviews and company decisions to award things like benefits, promotions, and raises. It also governs general workplace treatment and disciplinary actions where employees are being treated differently based on their age. Things like performance goals and job expectations should be the same for everyone regardless of age.
Termination Based on Racial Discrimination
Another unfortunate reality is that there are companies and individuals who are biased against certain employees on the basis of race. If you are terminated and feel your race was a determining factor in this decision, you may have legal justification for filing a wrongful termination lawsuit. This is done through the Equal Employment Opportunity Commission (EEOC) and requires multiple steps that are best navigated with the help of an attorney. One example of racial discrimination is when an employee of a certain racial group is held to a different performance standard than one from another racial group. It can also be witnessing the use of language that suggests there is a tolerated bias against a certain racial or ethnic group in the workplace. An experienced employment lawyer will help interpret your situation and provide counsel on whether or not it calls for legal action.
Employer Violation of the FMLA Under the Family and Medical Leave Act (FMLA), employees have the right to take unpaid leave from work for family and medical reasons provided they followed all the appropriate steps in taking their leave. The FMLA not only provides these employees the right to maintain their jobs but protects them against any kind of retaliation for having done so. One of the most common examples of wrongful termination related to FMLA violation is when a female employee takes a leave from work to give birth to a child and is terminated as a result. It’s important to speak with an employment lawyer as soon as possible if this happens, as FMLA violations and other types of wrongful termination lawsuits are subject to a statute of limitations. Check out this site for legal guidance on this and other matters.
Color Discrimination
Race discrimination involves treating someone (an applicant or employee) unfavorably because he/she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features). Color discrimination involves treating someone unfavorably because of skin color complexion.
Race/color discrimination also can involve treating someone unfavorably because the person is married to (or associated with) a person of a certain race or color.
Discrimination can occur when the victim and the person who inflicted the discrimination are the same race or color.
It is unlawful to badger an individual due to that individual’s race or color.
Provocation can incorporate, for instance, racial slurs, hostile or disparaging comments about an individual’s race or variety, or the showcase of racially-hostile images. Albeit the law doesn’t disallow basic prodding, random remarks, or secluded occurrences that are not intense, badgering is unlawful when it is so continuous or serious that it establishes a threatening or hostile workplace or when it brings about an unfavorable business choice, (for example, the casualty being terminated or downgraded).
The harasser can be the casualty’s boss, a manager in another space, a collaborator, or somebody who isn’t a representative of the business, like a client or client.
Termination As Retaliation for Filing a Workers’ Compensation Claim
If you were injured while performing your job, you have the legal right to file a workers’ compensation claim to assist with medical expenses and cover any lost wages during your recovery period. Accidents can happen in just about every job, but workers’ compensation is especially important for anyone whose work is more physical in nature and carries an added risk of injury. An employee is entitled to take the necessary time away to recover from an injury before returning to work. Unfortunately, there are employers who will discriminate against employees for having done so. If you are terminated from your job for having filed a workers’ compensation claim or for receiving related benefits, it’s time to speak with a professional employment law attorney and explore your legal options.
Termination As Retaliation for Reporting Sexual Harassment Title VII of the Civil Rights Act of 1964 entitles you to file a legal claim if you feel you are the victim of sexual harassment or a hostile work environment. Termination from filing such claim is wrongful and thus permit legal action in your defense. A successful wrongful termination suit means you would receive back pay going back to the time of your termination. Further, you may also receive compensatory damages in addition to the possibility of getting your job reinstated. These are a few of the more common examples of what might be considered wrongful termination. However, this list is not extensive, so if you have any questions about your particular situation it’s best to discuss it in detail with a professional employment lawyer and receive expert guidance on how to pursue your legal options.