Wrongful Termination
Wrongful terminations are instances in which an employee
is fired for a discriminatory reason, which legally only include one's
race, religion, sex, or national origin, and sexual orientation is some
states. Neither can you be fired for whistleblowing, retaliation or constructive
discharge.
Discrimination
Whistleblower Laws
These laws make it illegal for an employer to fire an employee
for whistle blowing on the employer's illegal conduct. In general, to
prove a violation of a whistleblower law, the employee must show:
1) He or she engaged in statutorily-protected conduct
2) The employer took adverse action against him or her
3) There was a causal connection between the protected activity
and the adverse action.
Under the laws of most states, whistleblowers are entitled to emotional
distress and punitive damages. Now under federal law, specifically the
Sarbanes-Oxley Act, any person who "interferes with"the employment
or livelihood of an employee for providing any truthful information to
legal authorities relating to the commission or possible commission of
any federal offense, can be imprisoned for up to 10 years, and pay a fine
up to $250,000.
Employer Retaliation
Employer Retaliation is a form of revenge against an employee who took
steps seeking to enforce his or her legal rights. The laws prohibiting
discrimination in the work place also prohibit retaliatory action being
taken against an employee by an employer because the employee has asserted
rights or made complaints under those laws.
To even have a case of retaliation, an employee is required to show:
* The employee engaged in a statutorily protected activity
* The employee performed his or her job according to his employer's legitimate
expectations
* Despite meeting his employer's legitimate expectations, he or she suffered
a materially adverse employment action
4) The employee was treated less favorably than similarly situated employees
who did not engage in statutorily protected activity.
If this case is satisfied, the burden shifts to the employer to articulate
a legitimate, non-discriminatory reason for the adverse employment action.
Constructive Discharge
An employee has been constructively discharged when she is subjected
to treatment so hostile or degrading that no reasonable employee would
tolerate continuing in the position. An employee claiming constructive
discharge treatment must show that his or her working conditions were
so unpleasant or difficult that a reasonable employee in that position
would have felt compelled to resign.
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