Colin Powell once said, “Success is the result of perfection, hard work, learning from failure, loyalty, and persistence.” Unfortunately, hard-working, loyal and persistent people are not always the ones who are successful at work. Too often nepotism and cronyism are the reasons for promotions and faithful, honest workers are often fired.
If you have been fired for no good reason, you may be contemplating suing your employer. Before you contact an employment attorney, it is a good idea to know a bit about the laws pertaining to employment termination in the United States.
Definition of “At-Will” Employment
All fifty states employ an “at-will” employment law. This means that an employer can fire an employee for any reason at any time. Likewise, an employee may strike or quit work for any reason at any time. Fortunately, there are some exceptions to the “at-will” rule. When you have a consultation with your attorney, you can discuss whether or not your case fits into one of the exceptional categories.
Implied Contract Exception
Some states, like Florida, have an implied contract exception rule. This means that if you have a signed, written contract with specific dates and your employer terminates you, you may sue them for breach of contract. There are some states that will accept oral contracts, but Florida is not one of those states.
Statutory Exceptions
No business is allowed to discriminate against an employee based on race sex or creed. Violations of civil rights are a major reason for wrongful termination lawsuits. Civil Rights laws have changed quite a bit over the years.
The National Labor Relations Act
Franklin Roosevelt was president when this law passed in 1935, allowing employees to organize into unions and to participate in collective bargaining.
Equal Pay Act of 1963
John F. Kennedy was the president who passed this law stating that no person could be paid less on the basis of their gender. For many years there were exceptions to the law for workers in certain professions such as farming and ski instruction, but those exceptions have been repealed.
Civil Rights Act of 1964
Passed by President Johnson, this law states that no employer, employment agency or labor organization may fire someone on the basis of race, color, religion, sex, or national origin. If it is possible that you were fired for any of these reasons, you may want to talk to an attorney about a lawsuit.
Age Discrimination Employment Act
This act was passed in 1967 under Lyndon Johnson and protects individuals who are over 40 years old from age discrimination. If you have noticed age discrimination in your office, you should make a complaint to the EEOC.
Rehabilitation Act of 1973
This law applies to federal employees and employees of federal contractors. It prohibits discrimination on the basis of disability. The employee must have a disability that affects one or more of life’s major activities. It also states that a person must be able to perform all the duties of the job for which they are hired.
Americans with Disabilities Act of 1990
George W. Bush passed this law that prohibits discrimination against persons with disabilities. Unlike the Rehabilitation Act of 1973, it requires employers to make reasonable accommodations for disabled employees and requires companies to make their facilities handicap accessible.
Your job is your livelihood and you should never allow anyone to violate your civil rights. If you feel your rights have been violated, you should contact a labor attorney.
Authoritative Sources:
https://en.wikipedia.org/wiki/At-will_employment
