Protections for Public Employees from Wrongful Termination
Government employees are protected from wrongful termination, just as private sector employees are protected, and actually have greater protections.
→ Read MoreWrongful Termination
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Am I protected from being fired unjustly?
I am not in a union, and I am not a public sector employee. Is there anything that can protect me from being fired unjustly?
→ Read MoreWhat is wrongful termination in violation of public policy?
The basic concept of wrongful termination in violation of public policy is that employers cannot terminate an otherwise at-will employee if the termination would violate the public policy.
→ Read MoreCan You Be Fired for Medical Reasons?
You can get fired while out sick but you cannot be terminated because of medical leave or because of the underlying disability. An employee may be terminated for any reason that is not illegal, at any time, without notice.
→ Read MoreFiring Employees with a Drinking Problem
Alcoholism is the single largest and most economically destructive addiction in America as an estimated seventeen million Americans struggle with some phase of alcohol addiction at a cost to industry of $186[1] billion each year. Federal and state law govern at what point an employer may terminate an alcoholic employee, and any employer faced with the negative affects of alcohol in the workplace should consult an experienced attorney before taking any action.
→ Read MoreMerchant Seaman Awarded $25M in Wrongful Termination Lawsuit
A merchant seaman was awarded $25 million in a wrongful termination lawsuit – the facts of which are as bizarre as they come.
→ Read MoreWhat is wrongful termination and how can I prove it?
Wrongful termination may occur in circumstances where an employer does not follow its own policy and procedures for dismissing an employee. This is otherwise known as an employer breaching an implied contract between the employer and employee. An implied contract is a contract in which the terms have not been specifically agreed upon between the employer and employee.
→ Read MoreIf I quit because of intolerable conditions in my workplace, can I treat it as if I was fired?
Most states recognize constructive termination of employment and treat it similarly to an actual firing. For example, if the employer reduces your wages from $12 per hour to $6 per hour, switches your day hours to the moonlight shifts, and changes your position from secretary to a janitor or vice versa, that would clearly be a constructive termination.
→ Read MoreIs a changed commission structure and reduced pay constructive discharge?
Unless you have a contract promising you a certain commission rate for a particular period of time or for particular accounts, your boss can probably “prospectively” change the commission structure. However, just because the employer reduces the rate, doesn’t mean you’ve been constructively discharged.
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