Archive for the ‘Wrongful Termination’ Category

Could You Be Fired Due to Pregnancy?

Friday, April 20th, 2012

It is the urge of most women to want to share the good news of a pregnancy with co-workers and even the boss however in many instances it can be a better idea to keep the news out of your office until you have a good understanding of your rights. The Pregnancy Discrimination Act of 1978 (which was an amendment to Title VII of the 1964 Civil Rights Act) provides that: an employer may not refuse to hire a woman due to her pregnancy, that pregnant employees must be allowed to work for the period of time in which they are fully able to perform their jobs and that discrimination on the basis of pregnancy, childbirth or medical conditions which are related to pregnancy or childbirth is not permitted.

How Common is Discrimination for Pregnancy?

Although this surely sounds as though pregnant workers are fully covered against discrimination, the truth is that discrimination is fairly common. The fact that pregnancy discrimination claims have risen steadily over the past decade—at a much faster rates than other types of discrimination claims—is proof that pregnant women have been the victims of unlawful treatment in the workplace. In fact the number of pregnancy discrimination charges filed with the EEOC is up over 50%. Since women make up over half of today’s workforce and because 85% of working women will become mothers during their working life, discrimination against pregnant women, while illegal, is certainly alive and well.

California’s Protection for Expectant Mothers

Unlike many other states California has gone the extra mile to protect pregnant workers with a law on the books which mandates that an employee at a business with more than fifty workers is entitled to 12 weeks of unpaid, job-protected leave each year to care for a new baby or a child who is ill or has a serious disability. The only qualification is that the employee must have worked at least 1250 hours in the past year. Further, the states Fair Employment and Housing laws require employers to offer reasonable accommodations for pregnant employees such as a limit on lifting heavy objects or frequent restroom breaks. Other states are not as progressive as California however pregnant women are nonetheless protected against the more obvious forms of discrimination.

Various Forms of Pregnancy Discrimination

There are many different forms of discrimination against pregnant women—in some cases supervisors will be somewhat subtle, giving expectant mother’s assignments which are next to impossible for them to accomplish, in hopes they will simply resign. Many bosses will fire a pregnant worker under guise of another reason which won’t get them sued, making discrimination charges harder to prove.  Many women who innocently disclosed a pregnancy during a job interview were passed over for employment, again, a charge which can be hard to back up. Of course some employers are blatant in their discrimination, refusing to allow a new mother to breastfeed at work, refusing any maternal leave or firing a pregnant employee stating the employee is unable to perform the regular duties of the job. Low income women are especially vulnerable to such acts of discrimination as employers recognize they may not be able to afford an attorney so feel they are above the law.

What Should You Do If You Feel You Have Been Discriminated Against?

If you feel you are being discriminated against due to your pregnancy it is very important that you keep very careful notes and records of all instances of such discrimination. Once you have documented the discrimination, tell your manager what is happening via a written account and verbally. Make sure you keep copies of everything you submit to your manager. Your employer is mandated under the law to protect you from pregnancy discrimination—if it is your manager who is participating in discrimination, move up the food chain and talk to someone higher in your organization. If there are any witnesses to the discrimination get statements from them making sure to record the time date and location of each incident. It is a good idea at this point to get solid legal advice from an experienced attorney so you will be fully aware of your future options.

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Pros and Cons of Suing for Wrongful Termination

Tuesday, March 20th, 2012

Anyone who has ever been fired is well aware of how stressful it can be, however for those fired illegally, this stress is compounded. If you believe you have been wrongfully terminated it is definitely to your benefit to research the laws which govern your case. Of course this can be difficult to do while you are trying to find a new job and attempting to make ends meet without a paycheck. Being fired definitely falls in the top ten of life’s most challenging situations, but getting legal help for your wrongful termination can significantly lessen the stress involved.  Many people are not certain whether their firing could be considered a wrongful termination or not. Your first order of business is to determine whether your legal rights were violated when you were terminated, and if so whether it is to your benefit to sue or not.

While nearly every state has adopted some form of “employment at will,” meaning the employer has the right to terminate an employee with or without reason and the employee also has the right to quit with or without reason, there are exceptions to this doctrine.  Nearly all workers are afforded protection under state or federal law from any type of discrimination which stems from age, race, sex, color, national origin, disability, religion, retaliation or pregnancy. Certain states have also included discrimination based on sexual preference in that list. The law also protects employees from specific types of persecution in the workplace although such harassment must be considered discriminatory—in other words general harassment that does not fall under a protected category such as sex, age, race or disability is not specifically prohibited under law.

Instances in Which You Probably Should Sue for Wrongful Termination

  1. If you complained about some form of discrimination or harassment and were terminated after your complaints, then you could have a wrongful termination suit.
  2. If your employer terminated you in direct violation of a legal contract between you and your employer then you may have a wrongful termination suit.
  3. If you were the victim of discrimination based on the criteria listed above, then you may have a strong case for wrongful termination.
  4. If you filed a complaint against your employer for violation of a specific law—also known as whistleblowing—and you feel your employer is retaliating by terminating your employment, then you should consider a suit for wrongful termination.
  5. If your employer terminated your employment because you took time off for a serious, long-term illness of your own, the illness of a child or if you took time off to engage in military service then you may have a wrongful termination suit.
  6. If your employer asked you to perform an illegal or unsafe act, you refused and were fired, then you should speak to an attorney regarding a wrongful termination suit.
  7. If you worked for many years at the company you were fired from, sustained serious emotional harm as a result of your treatment at work, or believe it will take a considerable amount of time to find comparable work, then you should speak to an attorney.
  8. Finally, if you were fired for being involved in or organizing a union or if you your employer violated your company’s termination policy when you were fired, then you may have a solid wrongful termination suit.

Potential Reasons Not to File for Wrongful Termination

  1. If you are suing for no other reason than getting even with the employer who fired you, then you should probably reconsider.
  2. If you worked for your employer for a short period of time, then chances are you were not paid enough to warrant pursuing a wrongful termination suit. You must remember that the legal process is expensive therefore you must calculate whether the payoff will be worth the cost.
  3. You must be able to prove that your case falls under one of the exceptions to the employment at will doctrine, meaning you must be meticulous in collecting clear and convincing evidence to support your case.
  4. There is a statute of limitations in place for wrongful termination suits, which in many jurisdictions is one year. Seek legal advice immediately following your termination if you feel it may have been an illegal firing.
  5. Remember that pursuing a wrongful termination case can be emotionally draining and often the results are not quite what you expected. You may also find it harder to obtain future employment should you decide to pursue your wrongful termination suit.

Your best course of action following what you believe to be a wrongful termination is to speak with a qualified attorney immediately to determine whether you have a strong case. Remember to keep careful documentation of your termination process in the form of a written record of dates, locations and other people involved in any significant event.

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Wrongful Termination and Kansas Employment at Will: Contradiction in Terms?

Tuesday, April 5th, 2011

In the absence of a written employment contract, Kansas employees generally are designated as employees-at-will. The employment at will doctrine provides that the employment relationship can be terminated by either party for any reason or no reason at all.  However, the harsh impact of the employment at will doctrine may be limited by an employment contract.  Another limitation on the employment at will doctrine is that an employee may not be terminated based on illegal discrimination or for other public policy reasons.  Approximate 250,000 employees are unjustly fired from their workplace annually.  Victims of wrongful termination may have a right to pursue a wrongful termination lawsuit against their employer.

If your employer has fired you based on unlawful discrimination, violation of an employment contract or against public policy, our Kansas wrongful termination law firm represents employees who are wrongfully terminated in Federal or Kansas administrative hearings seeking relief.  Once administrative remedies have been exhausted, we can also help you pursue a lawsuit in Kansas or Federal court depending on the circumstances of your claim.

We have provided a basic overview of some of the grounds that may constitute a basis for a wrongful discharge claim.

When an Employer Violates Kansas State Law of Federal Discrimination Laws

  1. Discrimination:  A number Federal and Kansas statutes prohibit employment policies and decisions based on such factors as race, sex, age, religion, disability, national origin or citizenship.  A termination that is based on any of these unlawful grounds may create a basis for pursuing a Kansas claim for wrongful termination or wrongful discharge.
  2. Whistleblower Protection: There are both Federal and Kansas statutes that provide protection against discharge to employees who report certain illegal, fraudulent or unsafe practice by their employer.  Whistleblower protections protect employees against reprisals for reporting these types of illegal or unethical conduct by an employer.

While the law does not necessarily prohibit all terminations of an employee who falls into the above categories, the employer must have a legitimate basis for the termination.  Wrongful termination or wrongful discharge cases often involve extensive investigation and analysis of a company’s documents, past records and patterns of hiring and firing as well as a careful analysis and evaluation of the employer’s stated basis for the termination.

When an Employer Violates a Public Policy

In Kansas, an employee may be able to pursue a wrongful discharge claim against a company if the employee’s discharge violates certain public policies.  These public policies may be embodied in either Kansas or Federal law.

Below are a list of public policy violations that may constitute grounds for a Kansas wrongful termination claim:

  • Termination of an employee for refusing to violate the law.
  • Firing an employee for making a worker’s compensation claim.
  • Terminating an employee who reports a violation of law by a company when it can or did harm the public.
  • Firing an employee for exercising certain statutory or constitutional rights.
  • Termination of an employee for responding to a subpoena or participating in a deposition for a civil lawsuit.
    • Terminating an employee who insists on compliance with the Food, Drug and Cosmetic Act.
    • Firing an employee for reporting or disclosing suspected criminal activities of a co-worker.

If you are the victim of wrongful discharge for any of the reasons above, you may have the right to file a claim for wrongful discharge against your employer.  These cases are extremely complex and have many administrative, procedural and timing requirements.  If you have a written employment contract, the requirements for initiating a wrongful termination claim may be impacted by provisions in your employment agreement.  If your case is based on discrimination or the statutory protections of a Kansas or Federal law, such as a whistleblower statute, you will likely need to exhaust administrative remedies before pursuing a lawsuit.  The time limits for initiating an administrative claim will typically be much shorter than the statute of limitations so it is important that you promptly seek the advice of an experienced Kansas wrongful termination attorney.

Our law firm has a firmly established reputation for providing innovative solutions to legal problems and persuasive advocacy on behalf of our clients.  Our law firm has been representing clients in Kansas City and surrounding areas for more than 20 years.  Mr. Murrow also lectures nationally at seminars on employment law matters, including sexual harassment, termination procedures, “non-competes” and employment contracts.  If you believe that you have been wrongful terminated, call us today for your initial case evaluation at 913-492-6200.

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