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Unlawful discharge the only basis for legal recourse

Source: Tribune Media Services

Emily Gold Waldman, associate professor of law at Pace University School of Law, offers some examples that constitute unlawful discharge.

“If you are fired for an unlawful reason, including the reasons listed,” Waldman says. “Then you can pursue legal recourse.”

-Discriminatory firings (federal, state, and local law apply)

-Firings in violation of a written or oral agreement (for example, the employer agreed not to fire the person except for good cause; this is a matter of state contract law)

-Firings in violation of an employee handbook (a matter of state contract law)

-Firings in violation of public policy (many states define boundaries differently, but this often includes things like firing an employee for refusing to commit a wrongful act, being a whistleblower, etc.)

-Firings that violate federal and/or state whistleblower statutes

-Firings that would not be unlawful in and of themselves, but are done in such an abusive way as to create grounds for a lawsuit alleging intentional infliction of emotional distress

If you feel you were a victim of discrimination and terminated because of your race, sex, age, national origin, disability, sexual orientation, etc., contact the U.S. Equal Employment Opportunity Commission (www.EEOC.gov) and/or a relevant state or local human rights agency. Or, if you feel that your rights under the National Labor Relations Act were violated, contact the nearest office of the National Labor Relations Board (www.nlrb.gov).

© 2010, Tribune Media Services