Understanding wrongful termination claims

On Behalf of Dunlap Fiore, LLC |

Securing a job can be difficult for some residents in Baton Rouge. And even when an individual has been employed for some time, job security is not always guaranteed. Therefore, employees in Louisiana and elsewhere are often fearful of losing the person’s job. Whether it is due to downsizing, poor performance or reasons related to the structure of the actual company, employees often question if the person were rightfully laid off or let go.

Issues related to wrongful termination are not only concerning for employees but for employers as well. If an employee claims that the person was wrongfully discharged, the individual could hold the employer liable for this and collect damages arising for the situation. Thus, it is important that employers take steps to protect themselves from this type of employer liability claim.

First, it is essential to understand what constitutes a wrongful termination. In simple terms, this means that an employer fired an employee for illegal reasons in the eyes of the law. This includes reasons for termination that violate federal and state anti-discrimination laws, firing as a form of sexual harassment, being let go in violation of oral and written employment agreements, being fired in violation of labor laws and being terminated as a form of retaliation.

Because some of these violations carry statutory penalties, it is important that employers that claims regarding wrongful termination seriously. Such actions could also result in the payment of damages to an employee, such as lost wages and other related damages; therefore, these actions could become very costly.

Companies and business dealing with this or other business law issues should understand the options available to them. This not only helps resolve the current employer liability problem but also helps protect the rights of the employer.

Source: Employment.findlaw.com, “Wrongful Termination Claims,” accessed Aug. 28, 2016