Thousands of employment contracts get terminated every day. It’s no different in Atlanta. According to the Equal Employment Opportunity Commission (EEOC), between years 2014-2017, wrongful termination had been experiencing an alarming upward trend. The increase in employment discrimination trends is, however, mitigated through employment law set down by federal laws. These laws cover sexual harassment at the workplace and minimum wage, among others.
Wrongful termination is a situation whereby the employer ends an employment contract, in which the dismissal leads to a breach of contract. One or more terms of the employment agreement are violated in this case.
What Counts as Wrongful Termination?
Losing a job can be a stressful experience. If you’re a hardworking employee and then get dismissed out of the blue, you are often left with questions. Below is how you can tell if your dismissal is unlawful and if it should be a legal issue.
Your employer discriminated against you
To date, some employers are still firing employees based on their citizenship status, age, race, and gender. This is illegal, and it can be grounds for a lawsuit per the Civil Rights Act.
Dismissed based on your medical history
Some laws and statutes protect employee health. An employee is entitled to a medical leave as stated under the Family and Medical Leave Act. If they get involved in an accident at the workplace due to the employer’s negligence, the employee is allowed to seek legal advice from a personal injury attorney and seek compensation.
Other laws prohibit employers from using genetic information to make employment decisions. Data based on your medical history does not warrant termination. As an employee, you are tasked with proving that your termination was based on illegal discrimination.
Unlawful retaliation
Employees are allowed to report if they notice wrongful activities at the workplace. However, some employers respond by firing the employee. Employment laws are designed to protect whistleblowers. Reporting criminal activity or illegal conduct should not be a basis for dismissal.
Discussing workplace issues
The National Labor Relations Act protects concerted activity. The law allows employees to work together towards improving working conditions and discussing matters such as worker’s compensation. Note that this act only protects employees working together, not individual concerns.
Get Assistance from a Law Firm
If you have reason to believe that your dismissal was unlawful, do not hesitate to contact a wrongful termination lawyer in your state: you have the right to sue. As much as you can be able to file a complaint independently, it is always better if you get the assistance of employment attorneys.
Our employment lawyers in Atlanta are well versed in employment laws. With their insight, you will be able to make a sound decision on how to proceed with your case.
At HKM Employment Attorneys, expect assistance from experienced employment attorneys that practice areas such as wrongful termination, sexual harassment, whistleblower claims, an ethics investigation, and contract breaches to mention a few. We represent all corners of Metro Atlanta: Fulton County, DeKalb County, from Alpharetta and Marietta to Smyrna and Decatur. Contact us for a consultation today.
