Home Business Magazine Online
Greetings, I’m Joseph George, a partner at George & George ADR Group. I hold certifications as a Florida Supreme Court County Mediator and a qualified arbitrator. With a background as a paralegal and HR professional, I also bring expertise as a certified EEO investigator. Over the years, I’ve built substantial experience collaborating with attorneys and various agencies on employment claims. In the forthcoming article, I will delve into the topic of wrongful termination, discussing cases, providing resources, and offering insights into the concept of wrongful termination along with guidance on appropriate courses of action.
Embarking on the journey to find a suitable company to work for to support our family and cover our expenses is no easy task. The pursuit of the ideal job within a company boasting a positive culture can be challenging. However, unforeseen hurdles can emerge, such as encountering a problematic manager or being caught off guard by the company’s excessive use of HR writeups and disciplinary actions to pressure you into resigning.
When you decide to take action against the company or manager for making your work environment hostile, reaching out to the HR department might result in a response indicating that you’re not a fit for the company, leading to a parting of ways. Note that reaching out to HR, preferably with a written complaint noting specific dates, times, individuals and a specific reference to the type of discrimination being alleged is REQUIRED. These words of shock hit like a heavy blow, leaving you astonished that after dedicating your utmost effort to the company, they would dismiss you for fulfilling your duties. This scenario, unfortunately, occurs more frequently than one might expect, even for experienced HR professionals and EEOC investigators. Employees often sacrifice personal life and family events for their commitment to a company, only to face unjust treatment from certain managers or owners who might feel threatened by their competence and decide to remove them from the team. Remember, your employer has rights too and they do have the right to know if one of their employees is behaving in an illegal way and be given an opportunity to correct the problem. If they correct it, they are safe from being sued.
I’ve witnessed countless instances of wrongful terminations and heard numerous stories of employees being let go unfairly. However, many employees are unaware that they have a legal standing against their employers or believe they can’t afford legal representation. It’s essential for employees to be aware that several attorneys work on a contingency basis, only requiring payment if they win the case, or offer free consultations. Additionally, legal aid organizations affiliated with state bar associations can offer assistance, and some attorneys engage in pro bono work to support employees in need.
From dealing with difficult bosses to contractual breaches, wrongful termination is more prevalent than commonly perceived. Instances where former employees sue their previous employers for wrongful termination often involve retaliation. This often occurs when an employee speaks out against workplace discrimination, harassment, or illegal activities and faces termination as a form of punishment. Any retaliation must be based on your rights under protected laws. Retaliation because of non-discrimination, FCRA, Title CVII, FMLA, work comp, or whistleblower claims is actually not illegal and this can be very confusing for employees. This is why a consultation with an attorney is absolutely necessary to determine if you have a case. Though you might think you have a case and you have been wronged, that’s not always true and can be quite frustrating.
Every day, numerous employees are dismissed in ways that contravene the law, often without realizing they have a legal claim against their employers until it’s too late. Determining whether a termination is lawful or not can be perplexing. Wrongful termination arises when an employee is fired in violation of the law, such as due to discriminatory motives in retaliation for reporting safety violations, or when it breaches the terms of an employment contract. Write to HR and follow your company’s procedures for reporting the discrimination. Most employers will do an investigation and find that there was no wrongdoing. This is obviously in their best interests to find you have no reason to sue them. They do this even when they know illegal activity occurred to dissuade employees from seeking attorneys and to avoid having to pay.
If an employee believes they’ve been wrongfully terminated, they can consult an attorney and possibly take legal action against their employer, seeking compensation for lost wages, benefits, and other damages. The process involved in pursuing a wrongful termination claim is intricate and may require demonstrating the employer’s intentions or establishing a legal violation.
Wrongful Termination in an At-Will State:
The concept of “at-will” employment is familiar to many, yet its legal implications often remain unclear. In simple terms, at-will employment signifies that both the employer and the employee have the freedom to terminate the employment relationship at any time and for any reason. The exception to this lies in the prohibition of termination by an employer for reasons that contravene the law. It’s worth noting that the term “wrongful termination” can be misleading, as letting go of an at-will employee for reasons that might seem unjust, unfair, or unverified isn’t necessarily against the law. Rather, wrongful termination legal matters revolve around whether the termination was prompted by unlawful factors, such as discrimination, retaliation, sexual harassment, a hostile work environment, or a violation of the Family and Medical Leave Act (FMLA).
What does it mean to be in an “at-will” jurisdiction? In states that uphold “at-will employment,” employers possess the authority to dismiss employees without needing to provide a specific “just cause.” In other words, termination can occur for valid, invalid, or even arbitrary reasons, BUT NOT ILLEGAL REASONS.
However, even within at-will jurisdictions, employers are prohibited from firing employees for illegal motives. If your termination is based on unlawful grounds, you have the option to take legal action for wrongful termination. These processes take a long time. With the EEOC it can take 180 days minimum to get a right to sue. Once you go to court, it can take at least 18 months just to get to trial and the legal process is frustrating, time consuming, requires compliance with hundreds of procedures, and though you see it as a simple “I was terminated because I am …..” it is actually not so simple as the Defendant will deny everything and make you prove every fact in court and through discovery first. If you don’t prove it through discovery, you could be subject to a judge dismissing your case based on your employer’s motion for summary judgment and then you don’t even get to see a jury or trial. Attorneys can explain all of this to you.
Nevertheless, the at-will employment structure doesn’t grant employers unrestricted freedom to take any action whenever they please. It’s important to recognize that even in “at-will” states, employees have the right to challenge their employer’s actions under specific circumstances. This applies to Florida as well, where employees retain the ability to sue their employer for wrongful termination. Taking appropriate action is crucial if your rights have been violated, and assembling pertinent evidence plays a vital role in constructing a solid case against wrongful termination.
Depending on your unique situation, collecting relevant documentation can significantly strengthen your case. Some examples of documents that might prove useful include:
- Employee handbooks and other employment policy records
- Paystubs, work schedules, and employee performance evaluations
- Pertinent correspondences like emails, memos, or letters
- Text messages, videos, or any other documentation that pertains to your case
While most employment is considered “at will,” allowing employers to terminate employees for various reasons, there are crucial exceptions to this rule, along with legal avenues that can help one retain their job or take legal action against their former employer for wrongful termination.
Cases of Wrongful Termination:
Marija Stone v. GEICO General Insurance Company lawsuit was settled for $265,000.
EEOC v Hurricane Grill and Wings lawsuit was settled for $200,000.
Dennis Ratliff v Jacksonville University settled for $500,000.
EEOC v Baptist Health South Florida Inc. lawsuit was settled for $215,000.
EEOC v United Healthcare of Florida lawsuit was settled for $1.8 million.
Kevin Berling v. Gravity Diagnostics, LLC Commonwealth of Kentucky, Kenton Circuit Court Division IV, Case No. 19–CI–01631.
Jury Awards $450,000 For Employer’s Termination of Employee After Receiving Notice About Anxiety Disorder.
California Federal Jury Awards Former Walmart Pharmacist $27M In Wrongful Termination Suit.
Walmart pharmacist complains of illegal practices by Walmart in its pharmacy, claims she was retaliated against and fired.
Q&A:
Q Can my supervisor fire me if he simply does not like me?
A The viability of this situation hinges on the underlying reasons for your employer’s unfavorable stance. For your case of wrongful termination against your employer on these grounds, substantiating that their unfavorable sentiment was rooted in a protected characteristic, or a safeguarded activity is essential.
To illustrate, your claim could hold merit if you possess evidence demonstrating that your employer’s aversion towards you stemmed from factors like your race, sexual orientation, or gender. Furthermore, if your employer’s disapproval arose from your recent complaints regarding illegal wage and hour practices or instances of harassment (such as sexual harassment), your claim could also be valid. However, if the discord between you and your supervisor was primarily a result of personality clashes or differing approaches, that alone would not establish a foundation for pursuing a wrongful termination allegation.
Q What is constructive discharge?
A A situation of constructive discharge, also known as constructive termination, arises when an employer fosters a hostile work environment that leads to working conditions becoming so unbearable that an employee is compelled to resign. The legal framework of constructive discharge employs an objective criterion in assessing these working conditions. This entails the employee demonstrating that a rational person in the same role would have deemed the work environment unendurable and would have had no alternative but to resign.
Q How soon after I’ve been fired should I consult or hire an employment attorney?
A Time is of the essence in this matter, as statutes of limitations diverge from state to state, and EEOC claims also adhere to specific timeframes for filing. Wrongful termination claims are subject to varying statutes of limitations, which can sometimes be shorter than six months. Delaying the consultation with an attorney may lead to a total restriction on your ability to seek redress for your wrongful termination, potentially depriving you of the rightful compensation you are entitled to. It’s imperative to act promptly to safeguard your legal rights and pursue the compensation you rightfully deserve.
Termination for Exercising Your Legal Rights Resources:
If your employer fired you because you exercised rights under a state labor law, report your termination to your state’s labor department.
If your employer fired you because you exercised rights related to leave, wages, or overtime, complain to the Department of Labor.
You can also reach out directly to their Wage and Hour Division’s local office.
Before you sue your employer for discrimination, you must file a report with the Equal Employment Opportunity Commission (EEOC).
Seek legal counsel if your employer wrongfully fired you for a reason not under state or federal law.
Need Legal Counsel? Here Are Some of the Best Employment Attorneys My Firm Works With:
Tully Rinckey PLLC www.tullylegal.com
Richard Celler Legal, P.A., a/k/a the Florida Overtime Lawyer www.floridaovertimelawyer.com
Daniel H. Hunt, Esq. www.TheMiamiShark.com
DISCLAIMER: Material presented in this article and on this website is intended for informational purposes only. It is not intended as professional advice and should not be construed as such. Transmission of the information and material herein is not intended to create, and receipt does not constitute, an attorney-client relationship with George & George ADR Group or any member thereof.
The post Protecting Employee Rights: A Guide to Challenging Wrongful Termination appeared first on Home Business Magazine.
Original source: https://homebusinessmag.com/management/legalese/protecting-employee-rights-guide-challenging-wrongful-termination/
Hello this is a wonderful write-up. I’m going to e mail this to my friends. I came on this while searching on yahoo I’ll be sure to come back. thanks for sharing.
Ich hatte ein altes Auto, das nicht mehr wirklich fahrbereit war, aber der Autoankauf in Hagen hat mir trotzdem ein gutes Angebot gemacht. Der Service war schnell, und die Abholung erfolgte ohne Probleme. Es war eine großartige Erfahrung, da ich keine Reparaturen zahlen musste, um das Auto zu verkaufen. Perfekt für Leute, die ein Auto mit Mängeln verkaufen wollen!
I will share you blog with my sis.
Thanks so much for this, keep up the good work 🙂
Sweet blog! I found it while browsing on Yahoo News. Do you have any tips on how to get listed in Yahoo News? I’ve been trying for a while but I never seem to get there! Thank you
Enjoyed studying this, very good stuff, thanks.
I do believe your audience could very well want a good deal more stories like this carry on the excellent hard work.
There most be a solution for this problem, some people think there will be now solutions, but i think there wil be one.
I just couldnt leave your website before saying that I really enjoyed the useful information you offer to your visitors… Will be back often to check up on new stuff you post!
I thought it was going to be some boring old post, but I’m glad I visited. I will post a link to this site on my blog. I am sure my visitors will find that very useful.
Might we expect to see more of these same problems in the future?
Regards for helping out, superb info.
Oferujemy nie tylko sprzedaż, alerównież serwis i doradztwo techniczne.
Oferta skierowana jest do większości procesów, w
tym MMA, MIG/MAG czy też TIG.
Dużą popularnością cieszą się przede wszystkim spawarki migomaty, czyli MIG/MAG.
W naszej ofercie znajdują się wysokiej jakości produkty, które spełnią oczekiwania zarówno
profesjonalistów, jak i amatorów spawalnictwa.
W okazjach cenowych inwertorowy półautomat Fanmig 322W
Pulse do spawania metodą MIG/MAG oraz MMA.
Dlatego niezależnie od tego, czy będziesz spawać
aluminium, stal nierdzewną czy żeliwo, w sklepie expondo.pl z pewnością znajdziesz sprzęt, który Ci
to umożliwi.
Szczegółowe informacje o przyłbicach spawalniczych WELD RAPTOR MOST, z systemem
wymuszonego przepływu powietrza R-FLOW.
Osprzęt spawalniczy, który znajdziesz w naszym sklepie wytworzony
został z najlepszych materiałów, z wykorzystaniem nowoczesnych technik produkcyjnych.
So ask friends and family in your local area who they’ve
labored with recently.
As with any company, successfully managing your day-to-day work is crucial for business
success.
Would working as a fuel engineer fit your consideration to element and
interest in technical subjects?
Hey, I simply hopped over to your website by way of StumbleUpon. No longer one thing I’d normally learn, but I preferred your thoughts none the less. Thanks for making one thing worth reading.
Simply want to say your article is as amazing. The clarity in your post is just great and i can assume you’re an expert on this subject. Fine with your permission allow me to grab your feed to keep up to date with forthcoming post. Thanks a million and please keep up the gratifying work.
Thanks for some other great post. Where else may anybody get that kind of information in such an ideal method of writing? I’ve a presentation next week, and I am at the look for such information.
This will be helpful for my family.
Nice Post. It’s really a very good article. I noticed all your important points. Thanks.
Very nice post. I just stumbled upon your blog and wanted to say that I’ve really enjoyed browsing your blog posts. In any case I’ll be subscribing to your rss feed and I hope you write again soon!
Very often I go to see this blog. It very much is pleasant to me. Thanks the author
Simply wish to say the frankness in your article is surprising.
It is perfect time to make some plans for the future and it is time to be happy. I’ve read this post and if I could I want to suggest you some interesting things or suggestions. Perhaps you can write next articles referring to this article. I wish to read more things about it!
Nice blog. Could someone with little experience do it, and add updates without messing it up? Good information on here, very informative.
it is a really nice point of view. I usually meet people who rather say what they suppose others want to hear. Good and well written! I will come back to your site for sure!
Just want to say what a great blog you got here!I’ve been around for quite a lot of time, but finally decided to show my appreciation of your work!
Excellent article!! I am an avid reader of your website:D keep on posting that good content. and I’ll be a regular visitor for a very long time!!
I think this is among the so much vital info for me. And i’m happy reading your article. But wanna remark on few common issues, The site style is wonderful, the articles is really excellent : D. Just right job, cheers
Have you always been concerned about these issues?
This is the wave – the big wave.
We absolutely love your blog and find the majority of your post’s to be exactly what I’m looking for. Do you offer guest writers to write content to suit your needs? I wouldn’t mind composing a post or elaborating on a number of the subjects you write about here. Again, awesome weblog!
Do you offer workshops?
I don’t normally comment on blogs.. But nice post! I just bookmarked your site
How come you do not have your website viewable in mobile format? cant see anything in my Droid.
Keep it up!. I usually don’t post in Blogs but your blog forced me to, amazing work.. beautiful A rise in An increase in An increase in.
Can I just say what a relief to seek out someone who actually knows what theyre speaking about on the internet. You positively know find out how to bring a problem to mild and make it important. Extra individuals have to read this and perceive this side of the story. I cant believe youre not more in style because you positively have the gift.
Great blog here! Additionally your website rather a lot up very fast! What host are you the usage of? Can I get your associate link for your host? I desire my website loaded up as fast as yours lol
I cannot thank you more than enough for the blogposts on your website. I know you set a lot of time and energy into these and truly hope you know how deeply I appreciate it. I hope I’ll do a similar thing person sooner or later.
I loved your idea there, I tell you blogs are so exciting sometimes like looking into people’s private life’s and work. Every new remark wonderful in its own right.
Nice read, I just passed this onto a colleague who was doing some research on that. And he just bought me lunch as I found it for him smile Therefore let me rephrase that: Thank you for lunch!
Just came from google to your website have to say thanks.
bonjour I love Your Blog can not say I come here often but im liking what i c so far….
What made you first develop an interest in this topic?
I am glad to be a visitor of this thoroughgoing web blog ! , regards for this rare information! .
Greetings! This is my first visit to your blog! We are a collection of volunteers and starting a new initiative in a community in the same niche. Your blog provided us beneficial information. You have done a wonderful job!
I have to disagree with most of the comments here, but maybe I’m just a contrarian.
I had highly recommend this blog to my good friend, it’s so good
Clear, concise and easy to access.
Thanks a bunch for sharing this with all people you really recognize what you are talking about! Bookmarked. Kindly also seek advice from my web site =). We can have a link alternate contract between us!
There most be a solution for this problem, some people think there will be now solutions, but i think there wil be one.
I am glad to be a visitor on this website!, regards for this rare information!
Are the issues really as complex as they seem?
Simply wish to say the frankness in your article is surprising.
A cool post there mate ! Thank you for posting.
very good post, i certainly love this web site, keep on it
How do I subscribe to your blog? Thanks for your help.
Great post. I was checking constantly this blog and I’m impressed! Very useful info specifically the last part 🙂 I care for such info much. I was looking for this certain information for a very long time. Thank you and good luck.
What a great article.. i subscribed btw!
This is something that will need all of our combined efforts to address.
You need to really control the comments listed here
k8 スロット
実用的で具体的なアドバイスが多く、とても感謝しています。
k8 カジノ スロット
この記事には心から共感しました。とても感動しました。
Shared responsibilities and teamwork reinforce a sense of partnership in a
relationship.
I want to to thank you for this fantastic read!! I certainly loved every little bit of it.
I’ve got you saved as a favorite to check out new stuff you post…
hello there and thank you for your info – I have
definitely picked up something new from right here. I did however expertise a few
technical issues using this site, as I experienced
to reload the site lots of times previous to I could get it to load properly.
I had been wondering if your web hosting is
OK? Not that I’m complaining, but sluggish loading instances
times will sometimes affect your placement in google and could damage your high quality
score if ads and marketing with Adwords. Anyway I am adding this RSS to my
email and could look out for much more of your respective
exciting content. Ensure that you update this
again very soon.
Госкоминвест Таджикистана подписал соглашение с южнокорейской Ассоциацией KOSHUMA, предполагающее инвестирование в сферу промышленности, энергетики и информационно-коммуникационных технологий.
Деятельность инвестиционных фондов заключается в размещении средств среди различных инвестиционных проектов за счет привлечения.
Как быстро Таджикистан и Узбекистан смогут построить совместную ГЭС, рассказал директор Центра изучения мировых энергетических рынков ВШЭ Вячеслав Кулагин.
Выделяют следующие основные риски, присущие банковским инвестициям: кредитный, рыночный и процентный.
Фиксированный портфель представляет собой совокупность ценных бумаг, которые остаются на весь период существования портфеля в неизменном состоянии. Как правило, такие портфели представлены государственными ценными бумагами. Последняя дата погашения по этим облигациям определяет срок существования всего портфеля. Фиксированный портфель гарантирует инвестору высокую безопасность, но не дает больших доходов.
Больше инормации на различные темы можно из статьи https://telegra.ph/Putevoditel-po-vyboru-sajtov-dlya-vsestoronnego-razvitiya-Kak-najti-bogatyj-istochnik-poleznoj-informacii-08-25
Жизнь после удаления яичников.
1. Определение понятия «личность» в педагогике.
Курс очень интересный и необычный, я бы прошла его хотя бы даже из любопытства. Стандартное обучение стоит 4 490 руб., тариф с поддержкой куратора и проверкой домашних заданий – 7 490 руб.
Из-за отсутствия интимной жизни у многих людей начинается очень активный набор веса, что объясняется сбоями в гормональном фоне, а также злоупотреблением самого доступного способа увеличить объем серотонина, выделяемого мозгом, – с едой. Чрезмерное употребление пищи в конечном итоге приводит к колоссальному преображению не в лучшую сторону.
Практика йоги и медитаций открывает путь к новым открытиям на дороге самопознания. В первую очередь эти занятия позволяют повысить ваш духовный уровень, так как изначально это были исключительно практики духовного постижения мира. С наступлением эры современности понимание этих дисциплин несколько видоизменилось, и на передний план вышел физический аспект, укрепление не только духа, но и тела.