Wrongful termination, retaliation, attorney, employment law, fired.

Wrongful discharge, wrongful dismissal.

Saturday, August 26, 2006

Can You Get Fired For ________?

"Can you get fired for" some activity at work or outside work is often a question in the mind of an employee, who wonders about his or her particular activity. Not being an attorney, the person wonders whether their activity can get them fir.ed.

Because all but one of the states follow an at-will employment doctrine, you can be fired for virtually anything or for no reason, unless the circumstances specifically violate particular laws.

If you asking this question, you need to talk to an attorney who practices in the field of employment law. At the very least, have a short consultation so you know where you stand legally.

As an aside, here is a resource you may be interested in ...

Job Security book

Calling the book "the definitive guide," the author says, "Learn how to negotiate for yourself at work [to] achieve job security and career success." The book's ISBN is 0805060847. At 214 pages, it is available from about $7 - $11 used and $39.95 new.


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Friday, August 25, 2006

What To Do After Being Fired

What To Do After Being Fired

What to do after being fired is a big question that haunts people after they have been fired from their job. If you think you have been fired wrongfully, then check out all possible leads for determining if that firing actually was unlawful. Here is more ...

What to do after being fired
There is a good resource that you may want to investigate. It is: Getting Fired: What to Do If You're Fired, Downsized, Laid Off, Restructured, Discharged, Terminated, or Forced to Resign by Steven Mitchell Sack (ISBN: 0788199315). You can find it in a variety of prices (new and used) ranging from about $3.00 - $24.00.

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Thursday, August 24, 2006

Pink Slip? Did You Get a Pink Slip Wrongfully?

Pink Slip? Did You Get a Pink Slip Wrongfully?

Getting a "pink slip" is a euphamism for a person being fired from a job. If you got a "pink slip" (i.e., were fired) in circumstances that violate public policy, then you may have experienced wrongful termination. Oftentimes, the firing may involve a pretext reason for why your employer fired you. Sometimes, you may have been forced to quit. Sometimes, managers having the decision-making authority over you may have made public statements that evidence their personal discriminatory bias, on which unspoken basis they fired you.

Here is some useful detail for you to consider:

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Wrongful Termination: Were You Wrongfully Terminated?
By Carl Mueller


Wrongful termination can be a devastating experience that not only affects your career in the short term but can also affect your ability to get back on your feet and find a new job.

Firstly, your specific job and the employment contract that you signed and the local employment laws that govern where you live may largely determine whether or not you are a victim of wrongful termination.

[Editor's note: Mr. Mueller writes several times about an employment contract, but for most people in most states, the employment relationship is known as employment at will. Under the at-will doctrine, either party in the employment relationship can terminate the relationship at will, without notice or reason. Many employers misinterpret employment at will to mean they can indulge their discriminatory bias and fire someone (i.e, give them a pink slip) in circumstances contrary to public policy, such as being too old or too disabled. The result may be wrongful termination.]

For example, if you signed a confidentiality agreement and there is verifiable proof that you violated this aspect of your agreement, this would most likely be a legitimate example of being fired for cause ie. the company had the right to fire you.

Another example would be if you were caught stealing from your employer.

But what if the circumstances regarding your termination aren't as clear?

Often when an employee is fired, it might be on the basis of a perceived problem or disagreement of opinion such as your inability to do the job. Here are some other typical reasons that people get fired where a case of wrongful termination may exist:

* A personal conflict with your boss and/or colleagues that results in you getting fired.
* A breach of contract where you are improperly fired for violating part of your contract.
* A downsizing where you are told that your job is being eliminated only to find out that your employer then hires someone to replace you in the exact same position.
* Being fired or forced to quit so that your boss can hire a friend to replace you.
* Sexual harassment ie. you are sexually harassed and when you rebuff the advances or report them, you are fired.
* Discrimination based on sex, race, age, religion, sexual orientation, political affiliation, etc.
* You report a wrongdoing in the company and are fired ie. you are a whistleblower.

These are just some of the reasons where a case of wrongful termination might exist. Certainly your specific situation and the employment laws that govern your area of employment may take precedence.

How Can You Minimize The Chances Of Wrongful Termination?

Wherever possible, always document your work and keep hard copies of any emails or other written documentation that positively comments on your work. For example, if you receive a positive employment review from your boss, bring a copy of it home and keep it on file.

[Editor's note: For self preservation, many people keep a just-in-case, off-site file of hard copies of emails that might be significant in the future, in the event they ever might get a wrongful pink slip and be subject to wrongful termination. Emails have proved repeatedly to be the core evidence in many cases. You can write an email to yourself to document important facts or occurrences and the email header documents the date and time.]

If you receive written praise from peers regarding a project you worked on, keep a copy of it at home.

I'm not suggesting you remove work-related material and take it home with you if it violates your employment contract or if it's the property of the company but keeping a copy of personal materials that you should be entitled to such as a performance review is legitimate especially if your manager gives you a copy to keep.

If you are unsure, ask your manager if you can keep a copy of your performance review at the time it is given to you.

In this case, I suggest taking a copy home with you because in the case of a firing or downsizing, you might not be allowed to take anything out of the office or to access your computer.

As a recruiter, I've seen job searchers use recent performance reviews from their current employer to highlight certain skills or accomplishments they are proud of.

Having written documentation that positively highlights your work track record can come in handy down the line if you need to illustrate your past performance especially if comments being made about you by an ex-employer contradict positive comments that were written about you earlier on.

If you feel that you are a victim of wrongful termination, the first thing you should consider is getting legal advice to properly understand your situation from a legal perspective and whether or not you have a legitimate case.

Carl Mueller is an Internet entrepreneur and professional recruiter. Carl has helped many job searchers find their dream career and would like to help clear up some of the job search myths that exist while helping job searchers avoid common job search mistakes that cost them jobs.

Visit Carl's website to find your dream career: http://www.find-your-dream-career.com

Ezine editors/Webmasters: Please feel free to reprint this article in its entirety in your ezine or on your website. Please don't change any of the content and please ensure that you include the above bio that shows my website URL. If you would like me to address any specific career topics in future articles, please let me know.

Article Source: http://EzineArticles.com/?expert=Carl_Mueller

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Friday, August 11, 2006

At-Will Employment: Limits of At-Will Employment

About at-will employment: Employers' use of the at-will employment doctrine as a shield to cover-up abusive firings is limited by statute and by public policy. Read about the limits:

"[A]n at-will [employment] statement does not really give employers free reign to terminate employees for no reason. There are two reasons for this.

"First, although every state except Montana recognizes the at-will employment relationship either by court decision or by statute, most also restrict it in some way. Courts in a majority of states have limited its application by allowing the at-will [employment] relationship to be restricted under several legal theories. For example, employees have claimed that their employer’s policies were contracts which the employer breached, that their termination violated some public policy, that their termination violated a 'whistleblower' statute or statutory anti-retaliation provision; or that the employer’s action constituted a wrongful act (or, in legal jargon, a 'tort'). The result is a patchwork of case law that varies from state to state, making it difficult for employers to know when, or if, they can rely on the at-will nature of the [employment] relationship.

"The second reason for caution is that many employees are specially protected under federal or state discrimination laws, which must be complied with regardless of at-will [employment] status. Therefore, if you terminate a protected employee for 'no reason' or without following your normal disciplinary process, you are raising a red flag that the termination was for improper or even discriminatory reasons. Thus, you may be provoking a challenge to the termination which otherwise might not have occurred."

Read more at At-Will Employment.

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Wrongful Termination: Opposition as Protected Activity

A variation of wrongful termination occurs when a person is fired because he or she opposed discrimination in the workplace. The anti-retaliation provisions of the employment discrimination laws make it unlawful to discriminate against an individual because he or she has opposed any practice made unlawful under the employment discrimination laws. This protection applies if an individual explicitly or implicitly communicates to his or her employer or other covered entity [there are some minimum limits on the businesses or entities covered] a belief that its activity constitutes a form of employment discrimination that is covered by any of the statutes enforced by the Equal Employment Opportunity Commission (EEOC).

Title VII of the Civil Rights Act of 1964 (Title VII) and the Age Discrimination in Employment Act (ADEA) prohibit retaliation based on opposition to a practice made unlawful by those statutes.

The Americans with Disabilities Act (ADA) prohibits retaliation based on opposition to "any act or practice made unlawful by this chapter." The referenced chapter of the ADA prohibits not only disability-based employment discrimination, but also disability discrimination in state and local government services, public accommodations, commercial facilities, and telecommunications. Thus, the ADA prohibits retaliation for opposing not just allegedly discriminatory employment practices but also practices made unlawful by the other titles of the statute.

Some examples of opposition are:

  • Threatening to file a charge or other formal complaint alleging discrimination;

  • Complaining to anyone about alleged discrimination against oneself or others;

  • Refusing to obey an order because of a reasonable belief that it is discriminatory; and

  • Requesting reasonable accommodation or religious accommodation.

[Source: EEOC compliance manual]

A person's opposing discrimination constitutes the protected activity, which -- when followed closely by an adverse action, such as wrongful termination, by the employer -- can serve to demonstrate an impermissible causal connection supporting the claim of retaliation by wrongful termination.

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Thursday, August 10, 2006

Wrongful Termination: What It Is

About Wrongful Termination

"To further understand what legally constitutes wrongful termination, it's important to also note that most states consider employment to be "at will" in legal jargon. In plain English, the Employment at Will Doctrine means that, in the absence of employment contracts stating otherwise, employment is presumed to be voluntary and indefinite for both employees and employers. As an at-will employee, you may quit your job whenever you want, usually without consequence. On the flip side, at-will employers may terminate you whenever they want, usually without consequence."

Read more at Wrongful termination.


Wrongful Termination

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