Wrongful Termination: Violating the Rights of Workers

In a recent survey, about 88 percent of low-paid workers in LA County have experienced workplace abuses including wrongful termination, nonpayment of wages, nonpayment of overtime, and other wage-related violations.

Prevalence of Wrongful Termination

Because wrongful termination is the most common labor violation committed by employers, some labor groups and advocates are urging state officials to address the issue by passing laws that will have stiffer penalties for anyone who will violate the rights of workers.

Another way to address this employment issue is to educate both workers and employers on where their duties start and where their rights end.

Definition of Wrongful Termination

Even in at-will employment (an arrangement in which employers can terminate workers without giving any valid reason), companies may still be liable for wrongful termination claims.

These are the six grounds for a wrongful termination lawsuit:

• Termination based on discrimination
  Under federal and state laws, employers are prohibited to terminate workers based on discrimination relating to religion, age, genetic information, disability, gender, sexual orientation, race, and national origin.
• Termination based on citizenship status
  Even if workers are not a US citizen but are legally allowed to work in the country, employers are not allowed to terminate them on the basis of their citizenship status.
• Termination based on retaliation
  It is unlawful to terminate workers based on retaliation for reporting to authorities the illegal activities of their companies or for complaining workplace abuses and harassment. Termination after giving job security

If an employer gives job security to a worker but then fails to give such promise (either made in oral or written agreement), this may be considered as wrongful termination.
For example, an employer has promised to a secretary that she will keep her job as long she performs well. However, she was terminated by her employer even if she was doing a great job. In this situation, she can file wrongful termination case against her boss for failing to perform his promise.

• Termination which violates public policy



It is illegal to fire employees in violation of public policy such as:

-terminating workers who refuse to commit illegal acts such as participating in tax evasion.
-firing employees for doing their legal obligations such as serving in a jury or testifying in the court.
-terminating workers for participating in federal investigations to determine if their employers have committed a labor violation or workplace abuse.
-discharging employees who are practicing their rights such as filing a lawsuit against their employers, filing for a medical leave or worker’s compensation, etc.

• Firing workers who refuse to take lie detector test

-Under federal law, most private employers are prohibited to require applicants and workers to take a lie detector test (or any test which has the same purpose).