Despite the government’s efforts to end employment discrimination, it is as relevant as it can get. Wrongfully terminating or firing an employee is one of the most common forms of employment discrimination.
In many instances, employers don’t fight back and accept the termination. However, you can take strict action against such employers by hiring good and reliable New York Employment Discrimination Attorneys.
What constitutes wrongful dismissal?
Wrongful dismissal occurs when an employer terminates or fires an employee and breaks the terms of a written contract. Being fired from your job for illegal reasons is also referred to as wrongful termination.
When an employer fires you without any valid reason or fires you based on your skin color, gender, race, religion, disability, sexual orientation, and national origin, it is called illegally firing an employee.
Discrimination against any employee regarding firing, hiring, salary, benefits, etc., is prohibited by federal laws and is a criminal offense. Therefore, if you have faced wrongful termination by your employer, you would be within your rights to take legal actions against them.
Forms of wrongful termination
There are many cases of wrongful dismissal of employees. Below are some of the most common ones.
- Discriminating acts
Employees cannot be fired based on their religion, beliefs, gender, age, skin color, national origin, ethnicity, sexual orientation, gender identity, disability, pregnancy, political affiliations, and parental status.
Your employer cannot fire you for reporting an act of discrimination against you done by the employer.
- Refusal to commit illegal activities.
An employer cannot fire you because you refused to participate in an activity that involved criminal matters.
- Employer not following company’s terminating policy
Sometimes, companies have a written terminating policy where a procedure needs to be followed before firing an employee. If your employer is not complying with it, they are illegally removing you. For example, companies need to issue a 4-week notice before firing you so that you get some time to look for a new job.
Most companies create a written contract when they hire a new person. If your contract promises you job securities, you have a strong case and are likely to win and get your job back. To check if your termination was legal or not, you can go through your employment contract.
Suppose you feel mistreated by your employer, even after doing everything right; In that case, you can contact lawyers at Carey & Associates, P.C. Book a consultation session today and find out if you have a claim.