Armstrong & Associates Employment Law Firm

Wrongful termination qualifiers according to HR professionals

There are times when bad economic times hit some companies in Texas particularly hard, so they have to lay off some employees. Then, there are times when the termination is unlawful. According to human resources professionals, here are some firings that qualify as wrongful termination.

Retaliation is the most common form of wrongful termination. It often occurs against whistle blowers. Employees who report unethical or illegal activity at their company put themselves in a precarious situation, but these workers are protected in some states.

An employee cannot be forced by their employer to engage in illegal activity. If refusal to participate in the unethical behavior is followed by a termination, HR professionals have stated that the firing falls under wrongful termination.

An employee who has the right to time off through the Family Medical Leave Act cannot be fired during that time off. Workers cannot be fired before taking leave or shortly after returning. The FMLA guarantees a certain set of rights, so employers must adhere to them.

A company has the right to maintain disciplinary policies. If they fire an employee for disciplinary action, there must be proper documentation. The termination must follow the parameters outlined by the company policy, too. Otherwise, it can be construed a wrongful termination.

Employees who have a contract with their employer are bound by the parameters of the contract. The same goes for the employer. If there is an attempt to end the contract before the expiration date, the employer could be liable for breach of contract.

Wrongful termination is illegal, but it does happen. If a person believes that they were wrongfully terminated, they may speak with an employment law attorney and seek advice about pursuing a legal remedy.


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