Harassment & Discrimination
In today’s business climate it is not unlikely to find unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that constitutes sexual harassment. This conduct may explicitly or implicitly affect an individual’s employment, unreasonably interfere with an individual’s work performance, or create an intimidating, hostile, or offensive work environment. You need to know your rights.
Discrimination occurs when an employee suffers unfavorable or unfair treatment due to their race, religion, national origin, disabled or veteran status, or other legally protected characteristics. This group could also include employees who suffer reprisals for opposing workplace discrimination or for reporting violations to the authorities. Federal law prohibits discrimination in a number of work-related areas, including recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action. You need to know your rights.
Wrongful termination generally means an unfair employment discharge. Wrongful termination is the most common term used. But an unfair employment discharge is also referred to as:
• Wrongful discharge
• Wrongful firing
• Wrongful dismissal
• Illegal discharge
• Illegal termination
• Illegal dismissal
An employer must illegally discharge an employee for the act to constitute wrongful termination, at least in the legal sense. For example, if a manager unfairly discharges an employee clearly in violation of a specific discrimination law, then the discharge was illegal and thus, likely to be wrongful termination. To better understand whether or not an unfair employment discharge constitutes wrongful termination, it’s important to know that employment is “at will” in virtually all states. It means that employment is presumed to be voluntary and indefinite for both employers and employees.
Consequently, employers have the right to discharge employees, pretty much the same as employees have the right to quit. You need to know your rights.