How to sue Your employer when you are an AT WILL employee
63
At Will employee can still Sue their Employer
In most States employess are considered AT WILL employees, an at will employee is an individual who is under no contractual obligation to remain with their employer at any time, also the employer can terminate the at will employee for any reason, EXCEPT IF IT VIOLATES THE EMPLOYEES PROTECTED CIVIL RIGHTS, OR IF THE TERMINATION VIOLATED THE COMPANIES POLICIES OR HANDBOOK
What are protected Civil Rights:
1. Federal discrimination laws have created several civi right protections for employees which is violated the at will employee can sue their employer.
LIST OF CIVIL RIGHTS VIOLATIONS:
1. Discrimitation based on a persons RACE or ETHNICITY
2. Gender
3. AGE
4.DISABILITY-UNDER THE AMERICAN DISABILITIES ACT
5. Pregnancy -If an employee is terminted for being pregnant that is a violation
6. Taking FMLA- If an employee is terminated for exercising their FMLA rights the employer can be sued for Retaliation.
7. Hostile Work Environment- This is a common issue, but be aware the employees civil rights have to be the basis of the Hostile Work Environment
ANOTHER WAY AN EMPLOYEE CAN SUE THEIR EMPLOYER IF THEY ARE AN AT WILL EMPLOYEE IS TO ARGUE THAT THE COMPANY CREATED A CONTRACT THROUGH A COMPANY HANDBOOK, POLICY OR MANUAL.
1. When an Employer hands out to all employees an Employee manual, often times the rules of termination are outlined, and if the manual states that an employee must be given a warning before termination, or that all terminations must be for cause or misconduct, than the AT WILL doctrine may not apply, as the manual has provided the employee certain rights.
Before you are terminated as an AT WILL employee make sure you review the company manuals, written policies to see if the employer has provided you certain legal rights, where you can sue the employer for a wrongfull termination.
Many employees do not bother reviewing these items and lose out on obtaining legal justice.
WHEN TERMINATED MAKE SURE YOU HAVE THE FOLLOWING ITEMS:
1. EMPLOYEE HANDBOOK
2. EMPLOYER POLICIES IF WRITTEN
3. PERFORMANCE REVIEWS
4. HR CONTACT INFORMATION
beechnut79 3 months ago
Don't you think it is about time that we allow those employees without union or other contracts who feel they have been fired from their jobs unfairly at least the opportunity to have some recourse through independent arbitation? I do.