Here are some common examples of what a wrongful termination can look like:
Employee Reports Sexual Harassment to HR
It doesn’t matter where you work, sexual harassment is not permitted in the workplace. Once an employee clarifies that the other person’s sexual event cements are not welcomed and the behavior keeps going, it is sexual harassment. An employee should be able to report sexual harassment to their employer without risk of retaliation. However, if the employee that reported the problem is terminated swiftly after the employee reports it, they might be a victim of wrongful termination in the form of retaliation. While there are policies to help protect employees, oftentimes they go ignored.
Employee Over 40 Gets Terminated to Bring in Younger Staff
It’s no secret that age discrimination can be quite apparent in the workplace. Terminating an employee over the age of 40 to make room for younger staff members is not appropriate. If the employee that is over the age of 40 is not meeting the standard work for their role, then the termination might be valid. However, if the termination is based entirely on their age, that is considered age termination and is a form of wrongful termination.
Employer Doesn’t Want to Make Accommodations for Disabilities
People with disabilities are in a protected class. This means that employers cannot terminate employees just because they have a disability. For example, if an employee suffers an injury and they must use a wheelchair, the employer cannot terminate that employee just because they don’t want to make reasonable accommodations. The employer should first offer the employee an adjusted role if possible. However, there are red flags that can be noticed if the termination was due directly because of the disability. These red flags include rude comments of people with disabilities in the workplace, unreasonable directions for disabled workers, or a clear bias against disabled workers.
Sadly, wrongful termination is something that is all too common for many people. If you have more questions about what an employment lawyer in El Paso, Texas can do for you then don’t hesitate to reach out to the team at Davie & Valdez, P.C for more information and a free consultation to see what we can do for you today.