Florida Federal Employees Lawyer
Most employees are hired, according to what is called "faith" basis. This means that the employer can terminate the work for almost any reason as long as it's not illegal. Conversely, it also means that an employee can quit a job for any valid reason, in its sole discretion. Will work and the employer and the employee a lot of freedom and mobility to adapt to the changing labor market. Most Member States consider that employment is at-will, if valid employment contract between the employer and not the employee. In this context, very few restrictions on at-will employment agreement, it may seem difficult for wrongful termination occurs. Thus, the circumstances in which it is unlawful for a person to terminate the employment. There are several reasons that will work stoppage may be considered wrongful termination, which will be discussed below. They are basically related to the termination by the employer, although employees may also be held liable as well.
Request availability of various federal and state laws that make unlawful termination under certain circumstances. The following are some situations where the termination of an experienced employee is illegal, because they constitute a violation of law:
Employer Discrimination: In accordance with the various anti-discrimination statutes, employers may not terminate an employee at-will of their membership in certain designated categories. These categories include race, age, nation origin, sex, religion, and in some Member States, sexual orientation. This is probably the most common basis for a wrongful termination suit.
"Retaliatory discharge": retaliatory discharge when an employer upon termination of an employee's conduct. Employers are prohibited from firing employees who reported cases of employer abuse inside or reporting agency. Most of these wrongful termination deal with employees who reported that sexual harassment cases. Anti-retaliation laws (also known as a "whistleblower" statutes) is to ensure that employees can report misconduct without fear of losing their jobs.
Illegal activities: Senior citizens can not order subordinates to attend or participate in the activities of the illegal act. Thus, employers may not terminate an employee at will, which has refused to agree on an unlawful act.
Breach of a contractual obligation: Although at-will employment usually means that there is no contract of employment. Sometimes employees want to say for certain labor conditions in the agreement in writing. The ends have violated the terms of the contract may be considered illegal. This also applies if the employer or the employee to terminate the employment contract breach.
Taking leave for family or medical reasons: Family and Medical Leave Act provides guidelines for employees who wish to take leave for family or medical reasons. Employers can not fire an employee taking leave under the law.
The Company's termination of treatment conditions: some employers specifically provides for its termination procedures guide for their employees. Wrongful termination claim may prevail in some cases, the employer failed to comply with its laws and guidelines set out in the manual. This is the most common situations related to the at-will termination that violates the law. They have a good chance of success in court, because they are supported by key federal legislature to adopt laws to ensure fair and equitable employment practices.
Illicit ends based on public order offenses
In addition, violations of the law, termination of employment will be unlawful if it is contrary to public policy. Public policy - it is the principles that reflect the collective moral and ethical position in the community of the body. Public policy is an example of a government tax credits for people who donate a non-profit organization. Public policies are motivated by the tax credit, that people should be encouraged to contribute to humanitarian organizations. Public policy is not the law itself, and not the courts based their decisions on public policy, but they may also suffer wrongful termination suits.