A large percentage of wrongful terminations fall into one of two categories. They occur because of discrimination or as a form of retaliation. Technically, employees have certain rights that allow them to assert themselves when facing workplace issues. Employers should not punish workers who engage in protected activities. Unfortunately, workers may still experience retaliation even though punishing workers for using their rights is technically illegal under federal statutes and state law.
There are numerous acts that employees might complete which could frustrate their employers and trigger retaliatory terminations. The three scenarios below are among the most common reasons that workers face unlawful retaliation.
Seeking accommodations, like unpaid leave
Employers typically should not factor an employee’s medical condition into decisions about their employment. Additionally, businesses usually need to offer basic accommodations to workers who have medical conditions that limit their ability to work safely. Unfortunately, some companies terminate workers who ask for accommodations after developing medical conditions.
Other employers might punish workers who try to take paid leave under the California Family Rights Act (CFRA), which is a state expansion of the federal Family and Medical Leave Act (FMLA). Workers who lose their jobs immediately after requesting leave or accommodations may have experienced retaliation.
Attempting to organize
Workers have the right to organize by discussing their conditions on the job and cooperating to obtain better treatment. Unfortunately, employers often try to prevent workers from organizing. They may retaliate against those who point out issues in the workplace, question co-workers about their wages or start communicating with unions. Workers should not face retaliatory firing because they attempt to unionize with one another and address unsafe or unfair working conditions.
Reporting workplace harassment
Employees might experience harassment from coworkers, supervisors or even customers. Tolerating abusive behavior related to protected characteristics including age and sex should not be a condition of a worker’s employment. Employees should be able to report issues and obtain support from an employer when others harass them. Unfortunately, some companies punish workers for reporting the misconduct of others.
Workers who lose their jobs due to employer retaliation may be able to hold a company accountable by taking legal action. Recognizing wrongful terminations when they occur may make it easier for workers to stand up for themselves after an unfair job loss.