When a person is let go from his or her job, it is normal for them to question why. Some even look for reasons to claim that they were wrongfully terminated. Not saying that there are not valid wrongful termination cases filed, there are, but sometimes employers in Georgia and elsewhere are falsely accused of illegal firing practices. They then face business litigation lawsuits that could drastically hurt their companies. What are some reasons that an employer cannot fire an employee?
First, let’s talk about immigrants. It is illegal to fire someone based on his or her immigration status if he or she is legally eligible to work in the United States. This is a protection offered under the Immigration Reform and Control Act.
The second reason to discuss is discrimination. According to federal law, one cannot fire a person based solely on a number of factors that would be deemed discriminatory. These include:
- Race
- National origin
- Disability
- Religion
- Age
- Physical health
- Gender
Finally, retaliation is the third reason that will be discussed. Employees have the right to report and question things that are happening to them in the workplace. If one is fired for doing so, he or she has the right to seek compensation for his or her losses, as the firing could be seen as an act of retaliation.
Now, obviously there are valid reasons for employers in Georgia to let employees go from their positions. One just needs to make sure that the problems with an employee have been clearly documented, so that if that if he or she comes back and claims that he or she was fired illegally, one has a leg on which to stand. Business litigation can really hurt one’s company, but wrongful termination claims can be avoided by following federal wrongful termination guidelines.
Source: FindLaw, “Wrongful Termination Laws: Illegal Reasons“, Accessed on June 13, 2017