As an employee, it’s important to know your rights in the workplace. While employers have the authority to terminate employees for a variety of reasons, there are certain illegal reasons that they cannot use as grounds for dismissal. In this article, we’ll discuss five of the most common illegal reasons that employers can’t use to fire you.
- Discrimination
One of the most well-known illegal reasons for termination is discrimination. Employers cannot fire anyone based on their race, ethnicity, gender, age, religion, or disability. If you believe that you were fired due to discrimination, you may have grounds for a lawsuit.
Examples of discrimination-based termination include firing an employee for being pregnant, refusing to promote an employee because of their gender, and firing an employee because of their religion.
- Race discrimination: Your employer cannot discriminate against you based on your race. This includes firing you because of your skin color or other physical features associated with your race.
- Age discrimination: Your employer cannot discriminate against you based on your age. This includes firing you because you are too old, or because they prefer younger employees.
- Gender discrimination: Your employer cannot discriminate against you based on your gender. This includes firing you because you are a woman, or because they prefer male employees.
- Disability discrimination: Your employer cannot discriminate against you based on your disability. This includes firing you because of your disability, or because they believe that your disability makes you unable to perform your job.
- Whistleblowing
If you speak out against illegal or unethical practices in the workplace, you are protected under federal law. This means that if your employer fires you for blowing the whistle, they are breaking the law.
Examples of whistleblowing include reporting sexual harassment, exposing fraud, or reporting unsafe working conditions.
- Safety violations: Your employer cannot fire you for reporting safety violations or refusing to work in unsafe conditions.
- Fraud: Your employer cannot fire you for reporting fraud, such as embezzlement or other illegal activities.
- Discrimination: Your employer cannot fire you for reporting discrimination in the workplace, such as sexual harassment or age discrimination.
- Retaliation
Retaliation is another illegal reason that an employer can’t use to fire you. If you file a complaint against your employer or participate in an investigation, your employer cannot retaliate by firing you.
Examples of retaliation include firing an employee who reported sexual harassment, demoting an employee who complained about their working conditions, or denying promotions to employees who have spoken out against the company.
- Complaints: Your employer cannot fire you for filing a complaint about workplace conditions, discrimination, or harassment.
- Investigations: Your employer cannot fire you for participating in an investigation into their conduct or the conduct of others in the workplace.
- Testifying: Your employer cannot fire you for testifying against them in court or in front of a government agency.
- Breach of Contract
If you have a contract with your employer, they cannot fire you without cause. This means that they must have a legitimate reason for terminating your employment, and that reason must be spelled out in your contract.
Examples of breach of contract include firing an employee before their contract expires, failing to provide the agreed-upon compensation or benefits, or firing an employee for reasons that are not listed in the contract.
- Contract terms: Your employer cannot fire you for reasons that are not specified in your contract.
- Compensation: Your employer must provide the compensation and benefits outlined in your contract.
- Termination: Your employer cannot terminate your contract before it expires without a valid reason.
- Protected Activities
Finally, there are certain activities that are protected under federal law, and if your employer fires you for engaging in these activities, they are breaking the law.
Examples of protected activities include joining a union, participating in political activities, or taking time off work for military service.
- Union activities: Your employer cannot fire you for joining a union or participating in union-related activities.
- Political activities: Your employer cannot fire you for engaging in political activities outside of work hours.
- Military leave: Your employer cannot fire you for taking time off work for military service.
In conclusion, employers cannot fire employees for certain illegal reasons. These include discrimination, whistleblowing, retaliation, breach of contract, and protected activities. If you believe that you were fired for one of these reasons, it’s important to seek legal advice to determine if you have grounds for a lawsuit. By knowing your rights as an employee, you can protect yourself against illegal termination and ensure that you are treated fairly in the workplace.