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Wrongful Job Discharge

Wrongful Job Discharge Laws

Wrongful Job Discharge Laws is regarded as rules or edicts that determines whether the discharge of an employee was right or not, and the actions to take to remedy it if the discharge was wrong.

This section of the law is majorly concerned with the violation of implied or express employment contracts. Simply put, the law concentrates on the situation surrounding the termination, if the agreement between the employer and the employee permits the employer to discharge the employees or not.

Wrongful Job Discharge refers to terminating the contract of a job for an illegal reason, which may include a breach in contract or violating federal anti-discrimination laws.

Examples of illegal reasons on which to discharge employees are:

  • On the basis of the race, ethnic background, gender, disability or religion of the employee
  • If the employee brings the wrongdoings of the employer to light, or lodge legal complaints against them.

Retaliation

It would be regarded as wrongful discharge if the employer discharges an employee for participating in certain activities that should be protected which includes making plans to form a labor union, or informing the employer about sexual harassment. This situation is regarded as Retaliation.

If such an employee gets discharged by the employer, the action would be regarded as wrongful termination, and the action can get the employer sued.

Employment Contract

Signing a contract outlining the duties, responsibilities, and benefits of employment seeks to ensure that the employer honors the terms of the contract. A written contract that indicates a particular level of job security cannot be regarded as “at-will.”

At-Will Employment

Employment is often regarded as “at-will” when the employer is permitted to discharge the employee from the contract of employment at any time and for any or no reason at all.