What is Wrongful Termination?

Wrongful termination surely does occur regularly in the workplace, but it is important for any employee to understand that employment is an “at will” situation, where the employee provides manpower for the employer at the will of the employer. There are many valid reasons for a business owner to terminate an employee, but there are also federal discrimination laws that deal with wrongful termination. Any employee that has possibly been wrongfully terminated in violation of federal statute should contact a Los Angeles wrongful termination lawyer.

EEOC Regulations

The Equal Employment Opportunity Commission has set guidelines for restricting employment as well as maintaining employees. The regulations also deal with advancement or employee status denials, as there are codified exemptions to an employer’s “at will” authority. Race, religion, and gender cannot be used as a reason to terminate employment or deny an advancement. Additionally, age and disability cannot be used as employment criteria either. Always remember that business owners do maintain the right to manage their business, as they deem fit, but still must respect EEOC boundaries and a “reasonable” employment relationship.

Employment Contracts

Employees that have the benefit of an employment contract have an added benefit. The contract controls the relationship between the employer and employee, or contractor and contractee, and breach of contract can easily include wrongful termination. Contracts are established for discreet periods of time and contractual protections cease when the contract expires.

Union Employment

Contract governance also includes union agreements, which are the most prevalent of employment contracts. EEOC laws are still applicable along with contract requirements for employers, so the possibility for wrongful termination is stronger when a union or individual employee contract is in force. A Los Angeles Discrimination Lawyer would be an excellent choice for counsel if EEOC violations could possibly exist. This situation is also applicable for many federal government employees and a federal employee lawyer will specialize in representing these cases.

It is important to understand that government employment can be a different classification because of certain secrecy requirements involving work duties, but the federal government is also held to a stricter scrutiny standard in many wrongful termination or discrimination claims. Always confer with a federal employee lawyer in a wrongful termination situation.