What is a wrongful discharge and what options do employees have?

On Behalf of Dunlap Fiore, LLC |

Doing bObtaining and maintaining substantial employment is important to residents in Louisiana and elsewhere. This not only generates financial security but also provides an individual with purpose and satisfaction. Thus, losing a job for unlawful grounds could greatly disrupt a person’s livelihood and reputation. Therefore, it is important to understand the recourses available to an employee for wrongful termination.

What is considered wrongful discharge and what options do employees have? Even when an employee’s employment is “at-will” this does not mean it can be terminated at any time for any reason. If an employee is fired for discriminatory or other illegal grounds, this could open up the possibility for a lawsuit.

However, not all wrongful discharge cases are based on discrimination. An employee could be unlawfully terminated if they are let go in violation of their employment contract. If there is a breach of an employment contract, this could open up possibility for employment litigation. Even more so, if an employee is acting in accordance to public policy or refusing to perform an act because it is illegal and is thus discharged for this action, this could be considered wrongful termination.

Finally, if an employee was terminated for taking time off for events that allow for time off from work, this could provide evidence for a wrongful termination suit. When it is asserted that a wrongful discharge claim has occurred, the employee could seek compensation for any losses and damages suffered in the matter.

Whether you are dealing with this or any other employment law issue, it is imperative to understand what options are available to you to resolve these disputes. This could help the parties involved reach a timely and reasonable resolution while ensuring the employee’s rights are protected at the same time.

Source: FindLaw, “Was I Wrongfully Discharged From My Job?” accessed Feb. 10, 2017usiness in today’s world is difficult enough for Louisiana businesses without having to think about strategies to protect from lawsuits. It is, however, the fundamental reality as to its necessity. Of course, employees must be protected by the adherence on the part of employers to employment regulations and grant them their civil rights. But that does not mean that employers should be accused of violations they did not commit, nor should they be subjected to allegations of sexual harassment and other behaviors without the chance to defend themselves. Having a legal firm experienced in defending businesses is important.

Running a business is not easy. This is especially true if it is a large corporation, but it is also true for smaller businesses. Employing many people will inevitably lead to disagreements and conflict. It can also result in having to fire people – sometimes a lot of people. That can cause discontent and spark those who believe they have been wronged to consider a legal filing. While they have the right to do so, that does not automatically mean that it is valid. Defending a company against allegations of wrongdoing and having it be successful can mean the difference between the business continuing operations or coming apart.

Terminating employees and dealing with allegations of harassment are just two of the factors that a business must protect itself from. Employees who have sensitive information and might violate a confidentiality or non-compete agreement, handling workers who are on disability and whether it is justified, health coverage, insurance and making certain there is compliance are also keys. A business-centric law firm can help with all these issues.

When a company is being formulated or has been in business a long time, it is crucial to have a legal firm that can provide advice and protection whether there is a lawsuit or other issues within the company. Speaking to experienced attorneys who are skilled with employment law is one of the smartest decisions a business owner can make.