Anaya Nolan
There are laws in place to protect employees from being unfairly dismissed from their jobs. These laws cover a range of scenarios, including discrimination based on race, gender, national origin, disability, religion, genetic information, or age. It is also illegal to terminate an employee for refusing to commit an illegal act or for complaining about an employer's illegal conduct. Furthermore, employees who take time off for jury duty, military service, or medical leave are also protected by law. While most states in the US allow at-will employment, which means that an employer or employee can end the employment at any time, for any reason, there are still legal and ethical boundaries that must be followed to avoid wrongful termination claims.
| Characteristics | Values |
|---|---|
| Legal reasons for termination | Incompetence, insubordination, poor attendance, criminal behavior, harassment, physical violence |
| Illegal reasons for termination | Race, gender, national origin, disability, religion, genetic information, age (40 and over), pregnancy, sexual orientation, marital status, citizenship, place of birth, color, veteran status |
| Other | Poor performance, unemployment benefits, retaliation, public policy, whistleblowing |
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What You'll Learn
Discrimination based on protected characteristics
Additionally, some states have enacted laws that provide further protections, including prohibitions on discrimination based on sexual orientation, marital status, political affiliation, or status as a parent. For example, some state laws prohibit discrimination based on sexual orientation or marital status, covering a wider range of employers.
It is also illegal for employers to retaliate against employees for asserting their rights under anti-discrimination laws. This includes situations where an employee files a complaint or participates in an investigation or lawsuit related to discrimination. Harassment of employees who engage in these protected activities is also prohibited.
Furthermore, federal law prohibits employers from firing employees for complaining about work conditions that do not meet state or federal health and safety rules. Most states also prohibit termination in violation of public policy, which includes reasons that are morally or ethically wrong, such as refusing to commit an illegal act or complaining about an employer's illegal conduct.
To reduce the potential for wrongful termination, employers should follow established internal procedures and policies for termination, ensuring consistency and fairness in the process.
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Pregnancy and medical conditions
Under the PDA and ADA, employers are required to provide reasonable accommodations to employees with pregnancy-related limitations, such as altered break and work schedules, ergonomic office furniture, shift changes, and permission to work from home. If an employee with a pregnancy-related medical condition is unable to perform their regular job duties, even with accommodations, the PDA may require the employer to provide altered job duties, such as reducing the employee's workload or assigning them to a different position.
Additionally, the Family and Medical Leave Act (FMLA) provides eligible employees with the right to take unpaid leave for pregnancy, childbirth, or to care for a newborn or newly adopted child. The FMLA is enforced by the United States Department of Labor, and some states have also passed laws providing additional protections for pregnant workers, including accommodations, unpaid and paid job-protected leave, and protections from discrimination.
It is important to note that while employers cannot legally fire an employee for requesting or needing an accommodation, they are also not required to excuse poor job performance, even if it is caused by a pregnancy-related medical condition. Therefore, employees may find it beneficial to request accommodations before any issues arise or worsen.
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Complaints about workplace health and safety
In the United States, the Occupational Safety and Health Administration (OSHA) was created by the Occupational Safety and Health Act of 1970. It sets and enforces protective workplace safety and health standards. OSHA protects nearly all United States employees through federal and sometimes state law, including workers in manufacturing, agriculture, law and medicine, charity, construction, longshoring, organized labor, the Postal Service, local government, and private education.
Federal law entitles employees to a safe workplace, and employers must keep the workplace free of known health and safety hazards. Employees have the right to speak up about hazards without fear of retaliation. If working conditions are unsafe or unhealthful, employees may file a confidential complaint with OSHA and ask for an inspection. OSHA recommends that employees first tell their employer about their concerns. Employees can file their complaint online, by phone, or by letter. Signed complaints are more likely to result in an onsite inspection. Employees can also request workplace safety and health training in a language they understand.
If an employee believes their employer has retaliated against them for exercising their rights as an employee, they have the right to file a whistleblower complaint with OSHA. It is illegal for an employer to fire, demote, transfer, or otherwise retaliate against a worker who complains to OSHA and uses their legal rights. If an employee believes they have been retaliated against, they must file a whistleblower complaint within 30 days of the alleged retaliation.
Employees can also file a report if retaliation occurs after a complaint. Other reasons for filing a complaint include personal protective equipment, hazard communication, and injury reports. Employers must pay for protective equipment and train employees on how to use it. When employees handle potentially hazardous materials, employers must evaluate the associated health risks and ensure that materials are labeled. Employers must also post injury reports from the previous year, even if no injuries occurred.
In addition to OSHA, federal law makes it illegal for most employers to fire an employee because of their race, gender, national origin, disability, religion, genetic information, or age (if the person is at least 40 years old). Federal law also prohibits employers from firing someone because they are pregnant or have a medical condition related to pregnancy or childbirth. Most states also have anti-discrimination laws that prohibit firing for these reasons. Many state laws include additional prohibitions, such as discrimination based on sexual orientation or marital status.
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Public policy and ethics
Federal laws, enforced by agencies like the U.S. Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC), safeguard employees from discrimination based on protected characteristics. These characteristics include age, race, colour, religion, sex, gender, gender identity, sexual orientation, national origin, disability, genetic information, pregnancy, and veteran status. Discrimination against employees based on these attributes is considered a violation of public policy and ethical standards, leading to wrongful termination claims.
Additionally, public policy and ethics intersect with employee rights. Employees are protected from retaliation for exercising their legal rights, such as taking medical leave, serving jury duty, or performing military service. They are also entitled to utilise benefits like the Federal-State Unemployment Insurance Program, which provides financial assistance to those who are unemployed through no fault of their own.
Whistleblower protections further illustrate the role of public policy and ethics in termination laws. Employees who report illegal or unsafe workplace practices, refuse to commit illegal acts, or expose an employer's unlawful conduct are shielded from retaliation. This encourages employees to speak up without fear of reprisal, promoting ethical behaviour in the workplace.
While laws provide a framework, public policy and ethics are dynamic and subject to societal changes. As a result, the interpretation and application of these laws can vary across states, reflecting the evolving moral and ethical standards of the populace. This relative nature of morality and ethics influences the legality of termination decisions, underscoring the importance of employers staying informed about the laws governing their businesses and employees.
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Unemployment benefits
In the United States, federal and state laws determine whether a person has been fired for an unlawful reason. While federal law prohibits employers from firing employees based on their protected characteristics, such as race, gender, national origin, disability, religion, genetic information, or age, state laws may include additional protected characteristics like sexual orientation and marital status.
Being fired from a job does not necessarily disqualify an individual from receiving unemployment benefits. Unemployment insurance is a joint federal-state program that provides short-term cash benefits to jobless workers while they seek new employment. To qualify for unemployment benefits, one must be unemployed through no fault of their own, be able to work, be available for work, and actively seek employment.
While eligibility for unemployment benefits varies by state, certain forms of misconduct, such as excessive unexcused absences, failing a drug test, safety violations, sexual harassment, and causing abuse or harm to other employees, can disqualify an individual from receiving these benefits. It is important to note that poor performance is generally not considered misconduct and should not impact eligibility for unemployment benefits.
In Georgia, for example, terminated employees can qualify for unemployment benefits if they have worked for a sufficient period to pay into the system. The minimum weekly benefit is $55, while the maximum is $365, and eligible workers can receive cash payments for up to 26 weeks.
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Frequently asked questions
Some legal reasons to terminate an employee include incompetence, insubordination, poor attendance, criminal behaviour, harassment, and physical violence.
It is illegal to terminate an employee based on their race, religion, colour, sexual orientation, gender or gender identity, national origin, age, disability, or pregnancy.
"At-will" employment means that an employer or employee can end the employment at any time, with or without a reason. All states in the US except Montana allow "at-will" employment.
A "good cause" standard for quitting a job can be difficult to meet. One example of a "good cause" is quitting a job due to a hostile work environment.
The US Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) create and enforce laws to improve workplace conditions and protect employees. Some laws that protect employees from unfair dismissal include the Occupational Safety and Health Act (OSHA) and the Fair Labor Standards Act (FLSA).
