Wrongful Termination

Wrongful termination is a legal issue. I read questions on Internet forums every day, often concerning how to handle termination situations. When a company fires a person, that individual often goes online to get advice on suing the former employer.

The people responding with advice often state their qualifications, such as having many years of experience in management or human resources.

I am not a lawyer (IANAL). However, pursuing a settlement in the courts for wrongful termination is a legal matter, and it is often a complex one. You should research the costs and commitments of working with an attorney.

Additionally, I do not recommend that you threaten to sue your employer.

No Single Law for Wrongful Termination

There is no single, uniform law governing termination. Federal law does place restrictions on termination. For example, under federal law, a company cannot fire you based on your religion, race, national origin, or age.

In one case, I witnessed a major lawsuit in which one of my clients fired hundreds of employees. Many of these employees were over forty years old. The employees sued the company. I do not know the specific legal basis for the lawsuit; however, the company had to rehire every one of these employees. The company then offered a severance agreement. In the end, the employees had the option to accept the agreement and leave the company or to stay with the company.

A second condition is that employment laws vary from state to state. In some states, companies can require employees to agree not to go to work for a competitor. These non-compete agreements usually limit the restriction for a specific amount of time after leaving a company. Some states, however, do not allow companies to impose that restriction on employees. Before signing that type of agreement, research its legality in terms of the specific contract language and your location.

In conclusion, I do not recommend that you act solely on the advice from an Internet forum. I especially recommend that you take careful and informed steps in cases of wrongful termination. You have rights, and your employer has rights. Act intelligently in protecting your own.

 

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