Unjustified Employment Termination
Opening a case for unjustified employment termination can be challenging since most employeespeople are employed "voluntarily" only by filling applications. This means that the employer and the employee, by not having a written contract, may decide to terminate their employment relationship at any time with or without a valid cause, and without breaking the law. However, there are cases where the employee can proceed against his employer; when suspected illegal motivation behind his dismissal, or for some kind of retaliation. When the employer violates state laws and federal laws there are grounds for a lawsuit.
These are examples of illegal dismissals:
- Dismissal for having been injured at work. It is a common practice of some employers to take advantage of their employees' fear or lack of information and proceed with their dismissal shortly after they have been injured in an accident instead of providing all the benefits of Workers' Compensation.
- Termination of employment for discrimination of race, sex, nationality, disability, sexual orientation, religion or any other class considered a minority.
- Be dismissed for denying to perform illegal activities.
- Dismissal for taking time off work for pregnancy.
- Termination for demanding overtime pay or taking breaks or taking time for lunch where it's part of the agreement.
- Dismissal portaking time off for family emergencies or sickness.
- Higher retaliatory dismissal.
- Being dismissed for taking time off to vote or serve on a jury.