It is not uncommon to be laid off in the midst of the struggling economy. However, a poorly performing business is not the only reason that a person might be terminated. Good employees who simply refuse to do unethical or illegal things could be fired for having a conscience. Luckily, there are laws that do provide some amount of protection in such circumstances. Employees that get axed need to know all about unfair dismissal laws to see if they are entitled to civil remedies.
Unfair termination laws will vary from nation to nation, and from state to state in the U.S. Most are based on similar principles of law. Generally speaking, the government does not micro-manage the decision of U.S. employers, telling them who they can and cannot fire. This would represent an undo burden on businesses. Thus, it is said that most employees are "at will," meaning that they employers generally can be hire and fire whomever they like.
There are some very important exceptions to this. For example, if a person is fired for failing to carry out an action that is against the law, society has a vested interest in preventing this sort of behavior. As a result, such a termination is generally considered unlawful. If a person is fired for reporting on the unlawful actions of a company, that is prohibited under the same rationale.
There are also a wide variety of anti-discrimination laws that can be applied against company. As a matter of public policy, these are much more controversial since it is much harder to prove someone was discriminated against. Any minority can potentially make a claim against a company, and the vast majority of people in the United States actually are considered a minority under law. There are anti-discrimination laws covering race, ethnicity, gender, age, and even sexual orientation in some states.
Another important exception to that "employee at will" concept comes from contract law. Many employers contract away their "at will" status by signing a contract with an employee or union. In such cases, a wrongful termination suit can be brought based upon the terms of the contract. A policy manual that is distributed to employee that includes references to employment practices can even be considered an implied contract. The same goes for anything said verbally to an employee.
While employers generally have a lot of leeway in making employment decisions, their authority is not absolute under the law. There are some unfair dismissal laws that do apply and can afford employees some measure of protection against being terminated under certain circumstances.
Unfair termination laws will vary from nation to nation, and from state to state in the U.S. Most are based on similar principles of law. Generally speaking, the government does not micro-manage the decision of U.S. employers, telling them who they can and cannot fire. This would represent an undo burden on businesses. Thus, it is said that most employees are "at will," meaning that they employers generally can be hire and fire whomever they like.
There are some very important exceptions to this. For example, if a person is fired for failing to carry out an action that is against the law, society has a vested interest in preventing this sort of behavior. As a result, such a termination is generally considered unlawful. If a person is fired for reporting on the unlawful actions of a company, that is prohibited under the same rationale.
There are also a wide variety of anti-discrimination laws that can be applied against company. As a matter of public policy, these are much more controversial since it is much harder to prove someone was discriminated against. Any minority can potentially make a claim against a company, and the vast majority of people in the United States actually are considered a minority under law. There are anti-discrimination laws covering race, ethnicity, gender, age, and even sexual orientation in some states.
Another important exception to that "employee at will" concept comes from contract law. Many employers contract away their "at will" status by signing a contract with an employee or union. In such cases, a wrongful termination suit can be brought based upon the terms of the contract. A policy manual that is distributed to employee that includes references to employment practices can even be considered an implied contract. The same goes for anything said verbally to an employee.
While employers generally have a lot of leeway in making employment decisions, their authority is not absolute under the law. There are some unfair dismissal laws that do apply and can afford employees some measure of protection against being terminated under certain circumstances.