When it comes to protected classes under employment laws in the United States, religion is most definitely at the top of the protected list. No one should be harassed, mistreated or fired because of his or her religious beliefs. It is wrong, and it is against the law.
A German bank will have to reinstate a banker who was terminated following the request of a New York regulator. Commerzbank AG let the banker go as part of settlement for $1.45 billion with United States authorities following a lost appeal to a court in Frankfurt.
Most employment in the United States falls under the category of at-will employment, meaning companies can fire workers for any reasons that are not due to certain discriminatory practices. While at-will employment makes it difficult to move forth with litigation for wrongful termination, it's important to understand the basic facts surrounding your termination.
Many people think that they can sue an employer for firing them, but most companies employ workers "at will." This definitely gives employers the upper hand in firing disputes, as they can terminate workers for any reason, or no reason at all, as long as the firing isn't retaliatory or discriminatory in nature.
It's a nightmarish scenario that plays out in offices, factories, warehouses and other worksites across the state of New York with unfortunate frequency: employees being randomly summoned into a conference room or a supervisor's office only to be told that they are being let go.
In today's post we continue our discussion about different types of wrongful termination. In our last post we covered wrongful termination based on discrimination, which is probably the scenario that most people think of when they hear about this topic.
Although our readers have likely read about wrongful termination lawsuits and understand the general idea behind such a claim, many individuals may feel like filing a wrongful termination claim is a futile effort. There is a lot of talk about how difficult this is to prove, especially in a workplace that has "at-will" employment. For those that are not familiar with this term, it basically means that an employee or employer may choose to end their relationship with or without reason at any time. Our state is generally considered an at-will state.
Even though we would all hope that large publications such as the New York Times would support having a diverse work force, it seems that may not necessarily be the case. The publication recently settled a case with a woman who filed an age, race and gender discrimination lawsuit against the publication. The terms of the settlement are confidential and the case cannot be refilled again. At the time that the lawsuit was originally filed, the paper called the lawsuit "malicious" and false and apparently vowed to have a "vigorous defense" against it.
Because every company has its own way of dealing with employee concerns, there may be unique concerns that arise. Although these companies may have their own way of doing things as far as human resources go, every company still has specific local and federal employment laws they have to follow. If their company-specific ways do not follow the guidelines laid out by law, they may end up facing a lawsuit.
It might be frustrating to be fired, but in many cases it’s not a situation where a wrongful termination claim can be raised. Our state is an at-will state, so employers can fire you at any point during your employment. If there is a job performance issue that led to the termination, employers often document them for their own protection. But even if an employer claims that your job performance issues led to your termination, you may suspect otherwise.