WRONGFUL TERMINATION ANSWERS

Illegal Termination Answers



Every employee MUST learn to get wrongful termination answers to the illegal termination actions of their employers.

Unfortunately, the overwhelming majority of career seekers and employees are ignorant of the activities some bosses use to violate their Basic Employee Rights.


All states in the country provide laws that protect job applicants and employees from unjust termination.


Federal laws make illegal discriminating against job seekers and employees based on religion, national origin, disability, race, gender or sex. The U.S. government also punishes employers engaging in workplace retaliation of employees who pursue their employee rights. Some states give additional protection against discrimination rooted in marital status and sexual preference or orientation.


The following are some illegal termination questions and answers;

What exactly is wrongful termination?
Which types of discrimination are unlawful?
Does "At Will" employment apply all the time?
Does my boss have to tell me why I was terminated?
what is constructive discharge?
Do I need to see an attorney when I'm fired for illegal reasons?
Is it illegal to be fired because my boss doesn't like me?
How do I know if I've been fired wrongfully?
If I complain can my boss punish me?
Can I fight being "blacklisted by a former employer?
When should I get a lawyer after being terminated?
Does "AT WILL" apply if handbook says fired only for "just cause"?
Which discrimination laws protect employees?
When I make a complaint how should my boss respond?
What are my employee rights during the period of probation?




Wrongful Termination Questions



What exactly is wrongful termination?
Wrongful termination is not in and of itself a law. Legally, It is an act of illegal firing of an employee. Illegal acts include terminating an employee in violation of state and federal anti-discrimination laws, a form of sexual harassment, employment contracts, collective bargaining agreements, and retaliation for filing a complaint against the employer.
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Which types of discrimination are unlawful?
Specific discrimination that's illegal involves gender, race, disability, national origin, race, religion and age. It also involves some other legally protected group.
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Does "At Will" employment apply all the time?
The "infamous" (my opinion) "AT WILL" employment doctrine means your boss can "let you go" for any reason or no reason. However, there are several exceptions to it.
  • If it violates a "fair dealing" and "good faith" implied promise. For example, in some states you can't be fired because your boss wants to avoid his promise to promote you.
  • If it violates the public policy of your state. Your boss can't fire you for not lying to law enforcement about the company.
  • If it violates an express or implied employment contract.
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Doe my boss have to tell me why I was terminated?
This depends on where you live. Because of "AT WILL" your boss may not be required to give you a reason for terminating you. You can request a written reason for the firing. If you believe the termination was illegal contact an employee rights attorney as soon as possible.
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What is constructive discharge?
If your employer makes your working conditions intolerable to the point your are "forced" to quit this is an example of constructive discharge. It could also be a "pretext for discrimination or retaliation.
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wrongful termination answers



Illegal Termination Questions



Do I need to see an attorney when I'm fired for illegal reasons?
You need to talk with an attorney AS SOON as possible after the termination for several reasons.
  • There are time limits or "statutes of limitations" to file a lawsuit that start immediately after the event.
  • The facts of what took place are fresh in your mind. Over time you may forget or overlook some key points to prove your claim.
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Is it illegal to be fired because my boss doesn't like me?
In an "AT WILL" employment situation it's not unlawful to be terminated for any reason or NO reason as long as the reason does violate law.
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How do I know if I've been fired wrongfully?
Ultimately, the most appropriate way to determine if you are the victim of a wrongful termination is to talk to an attorney specializing in employment law.
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If I complain can my boss punish me?
Under Civil Rights law called retaliation an employer that punishes an employer for filing a lawful complaint of discrimination based on gender, religion, national origin, race, age or disability may be sued separately from the original complaint.
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Can I fight being "blacklisted by a former employer?
Being include on a list of "denial of opportunity' happens all day everyday somewhere in America. employers share info on former employees to be "shunned". It can be hard to prove but there are state laws against it. You need to check to see if your state prohibits "blacklisting".
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wrongful termination answers



Illegal Termination Frequently Asked Questions



When should I get a lawyer after being terminated?
Again, this should top priority! Hopefully you have documented the your work experience ready to present an employment rights attorney preferably within days of your dismissal.
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Does "AT WILL" apply if handbook says fired only for "just cause"?
Many states have conditions requiring employers to comply with the exact guidelines of employee handbooks.


If the handbook say's "all workers are to be treated equitably" that would be too obscure to enforce.


If the handbook states, "workers can be terminated for just cause" that would be precise wording to be enforced. Employee handbooks must be written in specific language.
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Which discrimination laws protect employees?
The #1 law is Title VII of The Civil Rights Act of 1964. This landmark law makes it illegal for career seekers and employees to be discriminated against based on religion, age, gender, national origin and race. There are numerous other laws protecting employees such as the (ADAAA) Americans with Disabilities Act Amendment Act and the (ADEA) Age Discrimination In Employment Act.
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When I make a complaint how should my boss respond?
It is absolutely legally mandatory for your boss to reasonably investigate all the issues involved in the complaint. Our employers are also required by law to take the proper steps in correcting any tangible problems.
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What are my employee rights during the period of probation?
Unfortunately, there a few rights a probationary employee has. "At Will" workers can be terminated any time while on probation.
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wrongful termination answers



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For those who want to take control of their Basic Employee Rights
Email: Name:   

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I promise to use it only to send you Basic Employee Rights eNews!