The employment law governs all kinds of relationships between the employer and employee. It is created to provide protection to persons who are abused in the workplace. It also serves as a preventive warning so people will be on their guard most of the time and will be careful with their actions. There are different areas governed by the employment law, one of which is wrongful termination.
Definition of Terms
Before discussing how wrongful termination takes place, it is important that a definition of the types of people that are usually found in the workplace will be given. The two common types of people found in the workplace are:
• Employers- Employers are the ones who pay the wages and hire employees, thus providing employees with their source of livelihood in exchange for their service. In an employment relationship, the authority is given to the employers, who possess the right to direct and control the work that will be done by the employee. In addition, it is the obligation of the employers to collect and deduct Security Taxes as well as federal income from the compensation of the employee.
• Employees- Employees are individuals who work under a certain employment contract, whether written or oral, implied or expresses, and has acknowledged duties and rights. Employees are also known as workers.
Employees are also classified into different types. Some of these types are:
• Part-time employees- Part-time employees are employees who work for less than 40 hours a week. Benefits received by these employees are usually limited or reduced because it is in proportion to the number of hours worked.
• Full-time Employees- Individuals who are considered as full-time employees are those who work for 40 hours a week. These employees most often acquire benefits including health benefits, retirement fund contributions, and sick leaves, among others, that are given by the employer.
• Temporary Employees- Temporary employees are those who are employed by a momentary service business.
What is wrongful termination?
Wrongful termination occurs when an employee is fired by an employer for an illegal or unjust reason. The following some of the things that can be done by an employer that will make him/her do a wrongful termination to he/her employee:
• Discrimination- It is illegal for an employer to terminate his/her employee due to the latter’s race, religion, age, gender, and national origin. An employee who is claiming that a wrongful termination took place must prove that he/she was fired due to one of the reasons that are protected by the law.
• Retaliation- It can be called a wrongful termination if an employee is fired because he/she reported an illegal activity that is done by the management.
• Breach of implied or explicit contract- An employer is not allowed to terminate or fire his/her employee if the latter is under a certain contract and is fulfilling the terms of the contract until the period specified ends.
• Constructive discharge- Constructive discharge occurs when an employee is not fired by the employer but was forced to leave due to the inhospitable working conditions.
Ask for the Help of a Termination Law Attorney
Employment laws are created to protect employees against unjust actions that can be done to them. There are certain grounds wherein an employee’s termination will be considered legal. However, bear in mind that there are instances when employers step over their boundaries and wrongfully terminates their employees.
If you or someone you know is wrongfully terminated, there are termination law attorneys that can give you assistance. It is advisable to ask the help of these attorneys because they have experience in handling cases of similar kind.
Source: http://www.ArticlePros.com/author.php?Jan Camille Canivel
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