Wrongful Termination And Discrimination Tonawanda

Wrongful Termination Tonawanda

In Tonawanda, “employment-at-will” laws mean that employers can terminate the employee at any time for any reason. Likewise, an employee may decide to quit for any reason – or for no reason at all – without warning. These laws mean that, in most cases, you do not have legal recourse if you have been discharged from your job, even if there didn’t seem to be any basis for the termination.

In certain cases, however, employment termination is an actionable offense. These scenarios include:

  • You were terminated because of illegal discrimination
  • Your termination was a form of employer retaliation
  • You were discharged in an attempt to prevent you from collecting or obtaining deserved benefits

There are several other situations that could constitute wrongful termination. If you have reason to believe that you were discharged for an illegal reason or on the basis of discriminatory action on the part of your employer, it is crucial that you seek experienced counsel from one of our employment lawyers who is thoroughly familiar with this field of law. You could be entitled to monetary benefits.

Our wrongful terminations attorneys have represented numerous victims of wrongful termination and are prepared to put this experience to work for you. Get help from a firm that is solely dedicated to protecting the rights of workers, unlike other firms in the area.

 

Call 855-596-4657 today to set up an initial case consultation at the firm’s Tonawanda location.

What Is a Wrongful Termination?

A wrongful termination is any firing that is illegal. A firing is illegal when it:

  • Violates a federal, state, or local law, or
  • Violates an employment contract.

Just because a termination is unfair doesn’t make it illegal. For example, it might be unfair for your boss to fire you so he can hire his inexperienced niece or nephew. However, because there’s no law against nepotism, you wouldn’t have a wrongful termination claim.

Violation of Federal, State, or Local Laws

The default rule in the United States is “at-will employment.” This means employers can fire employees at any time, for any reason. However, there is one important exception to this rule. Employers cannot fire at-will employees for illegal reasons. Federal, state, and local laws carve out a handful of reasons that are illegal. For example, it’s illegal to fire employees due to their race or gender.

Violation of Employment Contract

Employees no longer work at-will when they have an employment contract. We usually think of employment contracts as being written, but they can also be formed by words and actions. (See our article explaining how employers create employment contracts and alter at-will employment.) A contract employee cannot be fired if it would violate the terms of the contract. Typically, this means that employers cannot fire employees with having a good reason (called “cause”) before the term of the contract is up. Employers also can’t fire contract employees in violation of state, federal, or local laws.

How Do I File a Wrongful Termination Claim?

If your wrongful termination claim is based on discrimination or harassment, you will need to file an administrative complaint first (called a “charge”). You must typically file your charge with the Equal Employment Opportunity Commission (EEOC)—or a state agency that enforces antidiscrimination laws—within 180 days of the discrimination or harassment. The EEOC or the state agency will investigate your complaint and decide whether to take action. Most of the time, the EEOC will simply issue a “right-to-sue” letter, which allows you to file your wrongful termination lawsuit in court.

The process of filing an EEOC charge is relatively simple. You can file your claim in person at one of the EEOC’s local field offices or you can file your claim by mail. To file by mail, send a letter to the EEOC with your contract information, your employer’s contact information, an explanation of how you were discriminated against or harassed, and when these events happened. You must also sign your letter.

While you don’t need a lawyer to file an administrative charge, it’s often helpful to do so, especially if you plan on filing a lawsuit down the road. Once you file your claim, the EEOC will speak to you, your employer, and any relevant witnesses. The information that the EEOC gathers can be used as evidence in your subsequent wrongful termination lawsuit. The EEOC may also try to facilitate a settlement negotiation between you and your employer. A wrongful termination lawyer will ensure that you’re receiving a fair offer and that you don’t give up any rights that you shouldn’t.

For most other types of wrongful terminations claims, you aren’t required to file a claim with an administrative agency first (although you may have the option). You can go straight to filing a lawsuit in court. For this, you will almost certainly need the assistance of an employment lawyer.


Lawsuits Against Employers For Wrongful Termination

Employment Lawyer Federal Organizations

It seems that most employment law legislation is designed to make life harder for the employer and easier for every member of staff. From maternity laws to unfair dismissal, most laws seem weighted against the employer.

That was certainly the case when the statutory grievance and disciplinary procedures came into force in 2004. They made it simple for an employee to make a claim for unfair dismissal. If an employer made even one mistake in following a grievance or disciplinary procedure, evidence of the mistake was enough to allow the employee to make a claim for unfair dismissal, even if the reasons for dismissal were genuine. This led to many claims for compensation being paid out when, had the correct procedure been followed, this might not have been the case. For small employers this burden and the costs of the compensation claims were often too much to bear.

Sense has now finally prevailed, after much stress caused to employers, solicitors and Employment Law Tribunals, and the Employment Act 2008 finally obtained Royal Assent recently. This will come into force on 6th April 2009 and will redress the balance in these situations so that all the weight does not fall onto the shoulders of the employer.

When the Employment Act 2008 comes into force the previous statutory grievance and disciplinary procedures will be repealed. The Employment Law Tribunal will now examine the facts of the case to see whether the employee followed the ACAS Code of Practice in a grievance or disciplinary procedure. Failure to follow the procedure now will not lead to an automatic unfair dismissal but to an increase in the amount of any compensation awarded of up to 25%. However, the employee will now be able to argue that even if they had followed the procedure, the employee would still have been dismissed. If they are successful, the amount of any award can be reduced by as much as 100%.

This will make a significant difference to employers and could save hundreds of thousands of pounds of compensation for employers that cannot afford it, especially when technically they have done nothing wrong.


Employment Lawyer Federal Organizations

Can An Employee Sue An Employer For Wrongful Termination

Sometimes employment law can be difficult to comprehend. Here are three common work place situations and their legal ramifications.

1: DISMISSAL DUE TO ILLNESS

There are three potential areas of legal exposure:

· unfair dismissal;

· unlawful termination; and

· discrimination

From time to time an employee will have to leave your employment due to long term health issues. They may decide to resign or you may have to eventually consider dismissing them. It is beneficial to consider as many ways possible to help them back to work - dismissal should be a last resort and could be deemed unfair if not managed properly.

If continued employment is no longer achievable because there are no reasonable adjustments that can be made, it may be fair for you to dismiss them.

The Fair Work Act 2009 states that an employer must not dismiss an employee because the employee is temporarily absent from work due to illness or injury.

The Fair Work Regulation 2009 provides that it is not a "temporary absence" if the employees absence from work extends for more than 3 months, or the total absences of the employee, within a 12 month period, have been more than 3 months. The employer still requires a valid reason to dismiss the employee, even if the employee has been absent on unpaid leave for three months or over.

We suggest you ask the employee to provide medical information on his capacity for work and what support he might need to return to work.

2: EVIDENCE OF ILLNESS

You can insist on employees providing evidence that would satisfy a reasonable person that they are entitled to sick leave, for example, a medical certificate or statutory declaration. That being said there is no specific timeframe as the timeframe required is "as soon as practicable".

For this reason you should devise a written policy that stipulates that your employees provide such information within a specific timeframe. Your policy should also specify that your employees inform their manager directly of their absence (when possible), or phone their manager within a certain timeframe to explain why they cannot make it to work and when they expect to return.

3: NOTICE OF REDUNDANCY

When dismissing an employee it is necessary to give them notice. The notice commences when the employer tells the employee that they want to end the employment. If you notify them of their redundancy just before leave, the time spent on annual leave will count towards their notice period.