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wrongful termination Archives

Elements of wrongful termination

Whenever an employer lets you go, it feel frustrating and scary, or may even feel as though you were terminated unfairly. If your termination brings up a strong emotional response, it is not always easy to clarify in the moment whether your employer fired you fairly or not. However, once the sting of the termination has some time to mellow, it is wise to carefully examine the circumstances of your firing. You may find that it does include one or more element of a wrongful termination, and may have grounds to pursue legal action against your former employer.

Wrongful termination and contract violations

When an employer terminates you, it may seem as though you have no recourse, especially if the firing does not involve discrimination or retaliation that you can easily identify. However, if you have an employment contract, it is wise to review it to make sure that your termination is valid.

How do I prove my termination was retaliatory?

Sometimes, after a particularly frustrating firing, it is difficult to know if you were fairly terminated or if your employer fired you in retaliation. This an understandable point of confusion, and one that you should take great care to work thorough properly. If your employer did fire you in retaliation, then you should consider the steps you can take to stand up for justice in the work place and defend yourself from unfair violations of your rights and an employee.

Former manager combats wrongful termination

It's easy to think of a wrongful termination as the kind of the thing that arises when someone or some group of people with influence over employment at a company or organization orchestrates the firing of an employee they dislike personally. However, sometimes wrongful termination disputes are not personal at all, but rather entirely about conflicts over procedural issues.

Identifying unfair termination in Arizona

When you lose a job, there is often an instinctive response to fight the termination or to prove that the firing was unjust or illegal. In many cases, a firing is actually unjust or illegal, and demands that you take action to right the wrong. In other cases, the termination is perfectly legal, but still personally hurtful. If you are unclear about your options after an unexpected termination from your job, you may want to reach out to an attorney in Arizona who can help you assess your options.

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.