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wrongful termination Archives

Does FMLA still apply in Arizona?

A Scottsdale woman is suing her former employer after they allegedly fired her for exercising her rights under the Family and Medical Leave Act (FMLA). According the woman, her employer was repeatedly uncooperative when she exercised her rights to medical leave, before ultimately firing her, possibly illegally. Her fight clearly demonstrates the great value of employee protections granted under FMLA.

Protection against retaliatory firing

As an employee, there may be times when you must act in accordance with your own conscience and against the interests of your employer. While employers retain the rights to address any concerns they have with their employees' job performances, there are a number of activities that enjoy government protection from employer retaliation.

What should I do if I am fired?

Very few people want to be fired, especially if they feel that the firing is unjust or wrongful. However, wrongful termination is far more common than many people realize, and many individuals don't know how to respond in the face of being let go. If you were recently fired, or suspect you may be soon, how you respond can greatly affect your options afterward, so it is always wise to consider your next few steps very carefully.

Was my termination technically wrongful?

There are many kinds of wrongful termination, and often they involve an employer who acts discriminatorily toward an employee or wrongfully retaliates against him or her for taking action that may hurt the company. However, some forms of wrongful termination are somewhat less insidious and ethically questionable. Often, a termination may be wrongful because it technically violates some term of your employment contract, even if the termination was not necessarily done with any malice.

Proving constructive dismissal

In some cases, continuing to work for an employer is simply not a safe or tenable option. This may be because of working conditions or an intolerable work environment. When employees leave the company on their own accord because they have no other reasonable recourse, this may constitute constructive dismissal. In many cases, constructive dismissal can support legal action similar to a traditional wrongful termination.

I just lost my job. Can I sue?

You are not the first person to get fired, but that doesn't soften the blow, especially if your boss didn't give you a concrete reason for your termination. If being fired has left you struggling to pay your bills while also looking for work, you may have a feeling that something was not right with the way you were let go.

Can I challenge a litigation waiver after a wrongful termination?

If you face a wrongful termination after signing a waiver against suing your employer, you may feel as though you are out of options. However, litigation waivers are often not ironclad agreements, and a skillful attorney may be able to identify weaknesses in the agreement or ways that your employer behaved that invalidate the waiver.

What are violations of public policy in wrongful termination?

There are a number of reasons a firing may be considered illegal, from discrimination to retaliation. Each firing is different, and must be considered on its own merits. Some firings involve violating or potentially violating several aspects of the law, and require some extra scrutiny when preparing a wrongful termination case. Terminations that involve a violation of public policy fall into this category.

Do You Have an Age Discrimination Case?

You were a loyal employee, but now you find yourself out of a job. You applied for a different position in the restructured team for which your knowledge and skills are a perfect fit, but the company declined to give you the job. However, you were asked to train the 21-year-old who is essentially taking over your duties. You were just shy of your pension planning goals and now are on the job hunt at 59.

Know your rights when you blow the whistle at work

An employer-employee relationship may become strained or hostile for many reasons, and the deterioration of the relationship may lead the employer to fire the employee. Fortunately for employees through the country, some courses of action that may sour your relationship with your employer enjoy protection under the law. In general terms, these protected activities include participating in investigations and reporting unlawful conduct or practices.