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A wrongful termination is when an employer decides to terminate the employment of an employee and that decision was based on discrimination or retaliation. To be actionable, the decision must have been motivated by discrimination of race, gender, age (including sexual harassment), pregnancy, national origin, disability, or religion. It is also wrongful termination if the termination was motivated by retaliation for participating in a protected activity such as collecting workers’ compensation, whistleblowing, filing a complaint of discrimination, or exercising your rights under the Family Medical Leave Act. |
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Sexual harassment occurs one of two ways. First, an employee is sexually harassed when a supervisor makes an employee an offer to improve their employment in exchange for sexual favors. This is called quid pro quo sexual harassment. The second type of sexual harassment is a hostile work environment. A hostile work environment is when an employee or supervisor of an employer makes persistent, daily and unwelcome comments or sexual advances towards another employee. The advances must be so persistent that it creates a hostile work environment that affects the employee’s ability to do his/her job. |
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Sometimes, an employer offers an employee a severance agreement when the employer terminates that employee’s employment. Severance agreements typically contain an offer of money referred to as severance pay in exchange for the employee signing away his/her rights to sue the employer. Severance agreements should be reviewed by attorneys to ensure that the offer is fair and that the employee is not signing away any rights he/she should not waive. |
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Representation of Public Sector Employees |
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People who work for the public sector may have more rights than employees who work for private companies. If an employee is a classified employee and he/she is subjected to an adverse employment action, he/she has the right to appeal the decision to the State Personnel Board of Review. The deadline for filing with this board is very quick, and any person considering filing an appeal should call an attorney immediately. |
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Race discrimination is when an employer makes an employment decision (hiring, firing, promoting or demoting) solely based on the employee’s race. If an employer makes a decision based on an employee’s race, it is in violation of state and federal statutes and is actionable. |
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Pregnancy discrimination is when an employer makes an employment decision (i.e. hiring, firing, promoting, demoting or scheduling hours) solely based on the employee’s pregnancy. If an employer makes a decision based on an employee’s pregnancy, it is in violation of state and federal statutes and is actionable. |
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Insert Labor Law info here. |
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Gender discrimination includes a wide variety of claims. The basic gender discrimination claim is when an employer makes an employment decision (hiring, firing, promoting or demoting) solely based on the employee’s gender. If an employer makes a decision based on an employee’s gender, it is in violation of state and federal statutes and is actionable. Gender also includes pregnancy discrimination and sexual harassment. |
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Disability Discrimination |
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Disability discrimination cases come in different forms. The basic disability discrimination claim is when an employer makes an employment decision (hiring, firing, promoting or demoting) solely based on the employee’s disability or perceived disability. If an employer makes a decision based on an employee’s disability or perceived disability, it is in violation of state and federal statutes and is actionable. If an employee has a disability and can continue working if the employer provides a reasonable accommodation, that employer must provide the accommodation if it does not create an undue hardship. If an employer refuses to accommodate an employee’s disability when that accommodation is reasonable, the employee has a claim of disability discrimination. |
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Any employee who is over the age of 40 is protected by the state and federal age discrimination statutes. An employer discriminates against an employee for his/her age when the employer makes an employment decision (hiring, firing, promoting, demoting or scheduling hours) solely based on the employee’s age of over forty. If an employer makes a decision based on an employee’s age of over forty, it is in violation of state and federal statutes. These materials and information have been prepared by Einstein & Poling, LLC, for information purposes only and are not legal advice. Transmission of the information contained on this site is not intended to create, and receipt does not constitute, an attorney-client or business relationship between the sender and receiver. Internet subscribers and online readers should not act upon this information without seeking professional counsel. |
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