Understanding wrongful termination is important if you are a senior. It is common to ask “What is a wrongful termination?” if you are not familiar with the rules for legal and illegal terminations. While there are many reasons to end someone’s employment, there are federal and state laws that dictate what qualifies as a fair termination. It is common to be wrongfully terminated based on discrimination, but there are other reasons that an employer can be held accountable for dismissing you illegally. If you suspect that you were wrongfully terminated from job duties, it is important to learn about your rights as well as the employment rules in your state. The wrongful dismissal regulations are different in each state, but there are a few standard laws that apply no matter where you live. Depending on the nature of the discrimination against you, it is possible to file a complaint with your state employment office or with the U.S. Equal Employment Opportunity Commission (EEOC). If you have been wrongfully fired, it is important to be aware that you must file a complaint or open a case within a specific period of time. Failing to do so may result in your case being dismissed without an investigation.
When a senior believes he or she has been wrongfully terminated from a job, it is important to understand the concept of “at-will” employment. Wrongfully terminated seniors who were employed at-will usually do not have an opportunity to file a complaint with the EEOC or their state agency if they were fired for legal reasons. At-will employment simply means that an employer can fire an employee without cause at any time. Most people are employed at-will unless they have specific documentation proving otherwise. If a senior believes or he she was wrongfully fired from job responsibilities, it is important to check whether he or she was employed at-will before moving forward with a complaint. As an exception, seniors may still open an EEOC case if they believe their employer let them go based on their age, race, sex or other demographic factors. Wrongful termination of a senior usually does not apply to individuals who were employed at-will and did not face discrimination at work.
About Legal and Illegal Terminations
Learning the types of legal termination is helpful for everyone, but it can be especially important for seniors. There are many legal reasons to fire an employee, and in many cases, an employer does not have to give any reason at all. This is because most states have something known as at-will employment, which simply means that an employer may fire anyone at any time with or without cause. However, when discussing the types of legal termination of employment, it is crucial to point out that at-will employment does not allow companies to fire people for discriminatory reasons. Discrimination includes adverse action based on an individual’s age, race, color, religion, sex, national origin or disability. Acting in a discriminatory manner is the main ways that an employer can fire someone illegally. However, seniors may want to familiarize themselves with the other reasons for termination that are considered illegal. Learn more about the legal reasons for dismissal of employment and how seniors can benefit from knowing this information.
At-Will Employment and Exceptions Information
A variety of at will employment exceptions are in place to amend and clarify the general policy of at-will employment. You may be wondering “What is employment at will?” if you are not familiar with the term already. At-will employment is a concept in which an employer may fire an employee with or without cause as long as a contract or agreed-upon, limited work term is not in place. In other words, at-will employment gives a company considerable flexibility in its termination decisions, but it also gives you, the employee, the freedom to leave a job that you are not contractually obligated to keep. At-will employment rules apply to if you are a senior or a worker of any other age. There are three major exceptions to at will employment that you should be familiar with no matter your age. These exceptions do not allow an employer to discriminate or break the law when terminating employees. Rather, exceptions grant you additional rights that are not explicitly stated in the general agreement of at-will employment. Learn more about the exceptions to employment at will and discover how these rules can affect your workplace.
How to File a Wrongful Termination Discrimination Charge
Filing a charge of discrimination is crucial when discrimination leads to an employee losing his or her job. Finding out how to file a charge of employment discrimination can be especially important for seniors who have lost their job due to discrimination before they were able to retire. When an employee is let go, it is important that he or she understands what constitutes a wrongful termination before filing a charge. Keep in mind that most workplaces follow the rules of at-will employment, meaning that a senior can usually be terminated at any time with or without cause as long as the employer does not violate any laws or discriminate in its decision. When an employer does fire a senior based on his or her age, race, sex, color, religion, national origin or disability, then the worker may open a discrimination case. To file a wrongful termination discrimination charge, a senior will usually utilize the Equal Employment Opportunity Commission (EEOC), but it is also possible to file charges with state and local organizations. Learn how to file an EEOC employment discrimination case in the sections provided.