Cameron Miranda
In the United States, employers can generally terminate employees at will, meaning at any time for any reason. However, there are exceptions to this rule, and it is illegal to terminate someone due to their race, sex, colour, national origin, religion, gender, sexual orientation, gender identity, age, disability, medical condition, language, or marital status. Termination is also unlawful if it violates a contract or is in retaliation for enforcing legal rights, such as filing a claim for unpaid wages. Employees have certain rights upon termination, such as the right to continue health care coverage and, in some cases, the right to unemployment compensation. State laws, such as the Arizona Employment Protection Act, provide additional protections against unlawful termination.
| Characteristics | Values |
|---|---|
| Grounds for termination | Discrimination on the basis of race, religion, sex, national origin, age, sexual orientation, marital status, military status, or disability |
| Whistleblowing | |
| Retaliation for enforcing your own legal rights (such as filing a claim for unpaid wages) | |
| Reporting your employer to a government agency or the police | |
| Filing a safety complaint | |
| Serving on a jury | |
| Voting in elections | |
| Not joining a union | |
| Serving in the national guard or armed forces | |
| Rights after termination | Right to continue health care coverage |
| Right to unemployment compensation | |
| Right to receive any outstanding wages | |
| Right to request that the wages be sent via mail | |
| Right to add your own documents to your personnel file | |
| Right to continue group health benefits for a limited period | |
| Right to work in a safe environment |
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Discrimination laws
Protected Characteristics:
Federal and state laws prohibit discrimination based on specific characteristics. These include:
- Race
- Color
- Religion
- Sex (including pregnancy and transgender status)
- National origin
- Age (varying by law, often 40 or older)
- Disability or medical condition
- Genetic information
- Marital status
- Military status
- Sexual orientation
- Gender identity
- Language or accent
Application and Hiring Processes:
Reasonable Accommodations:
Employers are required to provide reasonable accommodations for employees and applicants with disabilities, unless doing so causes significant difficulty or expense. Reasonable accommodations may include providing ramps for wheelchair users, allowing additional break times, or making adjustments for religious practices, such as voluntary shift swaps for religious services.
Harassment and Retaliation:
Harassment in the form of offensive comments, derogatory remarks, or other verbal or physical conduct is prohibited. Sexual harassment, including unwelcome advances or requests for sexual favors, is also unlawful. Additionally, it is illegal to retaliate against an employee or applicant for reporting discrimination, participating in an investigation, or enforcing their legal rights. Retaliation can take various forms, such as harassment, demotion, or negative employment references.
Whistleblowing:
Whistleblower protection laws safeguard employees who disclose or threaten to disclose their employer's illegal or unsafe activities to a supervisor or public body. In some cases, employees must first bring the issue to their employer's attention before going to a public agency.
State-Specific Laws:
While federal laws provide a baseline for anti-discrimination measures, some state laws offer additional protections. For example, Florida has enacted its own anti-discrimination laws, including protections based on sickle cell trait. In certain cases, employees can pursue remedies under either federal or state laws.
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Whistleblowing
Whistleblower protection laws enforced by the U.S. Department of Labor prohibit employers from retaliating against employees who exercise their rights. Retaliation includes actions such as firing or laying off, demoting, denying overtime or promotion, reducing pay or hours, or any other type of adverse action that would dissuade a reasonable employee from raising a concern.
Federal laws such as the False Claims Act (FCA) and the Family and Medical Leave Act (FMLA) also protect whistleblowers. The FCA encourages private citizens to sue those defrauding the government, and whistleblowers can receive a percentage of the recovery if the lawsuit is successful. The FMLA entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons.
In addition, the Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, record-keeping, and youth employment standards, and protects employees from retaliation for reporting issues related to these standards. The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits employer discrimination based on military service or obligation and protects service members' reemployment rights when returning from active duty.
If you believe you have been wrongfully terminated or retaliated against for whistleblowing, you should seek legal advice from an employment law attorney. They can advise you on your rights, the specific laws that apply in your state, and the deadlines for filing a claim. You may be entitled to damages, such as back pay, attorney's fees, or job reinstatement.
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Jury duty
In the United States, jury duty is considered a civic duty and a legal obligation. Citizens are randomly selected from a pool of eligible individuals to serve on a jury, ensuring diversity during the jury selection process. While jury duty is viewed as an important civic function, it can also raise concerns about job security. However, employees are protected by various federal and state laws that prohibit employers from terminating or retaliating against them for fulfilling their jury duty.
At the federal level, the Jury Systems Improvement Act (JSIA) protects employees from retaliation, including termination, coercion, intimidation, and changes to employment conditions, for serving on a federal jury. Employees who experience adverse actions due to their jury duty service have the right to sue their employers in federal court and may be entitled to lost wages, reinstatement, and other benefits. Additionally, federal law prohibits docking the pay of employees who serve on a jury, and some states require employers to pay employees during their jury duty.
State laws also play a crucial role in protecting employees' rights during jury duty. States like Maryland, Virginia, and the District of Columbia have passed laws similar to the JSIA, safeguarding employees who serve on state or local juries. These laws ensure that employees cannot be fired or penalized for performing their civic duty. Some states even require employers to pay employees their regular wages during jury duty, providing additional financial protection.
It is important to note that employees should communicate openly with their employers about the duration of their jury duty service and any potential conflicts with work responsibilities. While employers cannot legally fire employees for serving on a jury, employees may experience a temporary reduction in income during this period. Therefore, budgeting accordingly is essential.
If an employee suspects retaliation or wrongful termination due to jury duty, they can seek legal advice and file a complaint with the appropriate labor board or agency. Consulting with a wrongful termination lawyer can help employees understand their rights and explore legal options, such as filing a lawsuit against their employer. By understanding their rights and protections, employees can confidently fulfill their civic duty without fearing negative consequences in their workplace.
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Health benefits
While employers are not usually obligated to offer health benefits, once they do, they must follow federal laws against discrimination. This means they cannot treat employees unfairly based on factors such as gender, race, age, nationality, religion, or disability when it comes to health benefits.
The Family and Medical Leave Act (FMLA) is a federal law that requires companies to allow covered employees to take medical leave under certain circumstances. Eligible employees may receive unpaid, job-protected, and health-insurance-protected leave for 12 workweeks during a 12-month period. Covered conditions include the birth and care of a newborn or adopted child, a serious health condition, and caring for a child, spouse, or parent with a serious health condition. However, once an employee's FMLA leave has expired, their job protection under FMLA no longer applies, and they can be fired for missing too much work.
Additionally, the Americans with Disabilities Act (ADA) prohibits employers from terminating employees solely based on their disability. However, employers may fire a disabled employee for legitimate reasons, such as poor job performance or inability to perform essential job functions, even with accommodations. Similarly, employees on disability leave may take job-protected leave for up to 12 weeks under the ADA.
In the event of job loss, employees have certain rights, such as the right to continue their health care coverage for a limited period. The Consolidated Omnibus Budget Reconciliation Act (COBRA) ensures that employees can maintain their health coverage after termination. Additionally, employees who are fired for medical reasons may be eligible for medical unemployment benefits, although this can be challenging. To qualify, employees must meet specific requirements, such as a significant decrease in work abilities and earnings, accumulation of sufficient work hours, and exhaustion of sick leave.
It is important to note that employees who believe they have been wrongfully terminated due to their medical condition or health issues should seek legal advice to understand their rights and explore their options.
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Personnel files
In the United States, there is no federal law that grants employees the right to inspect their personnel files. However, many states have passed laws that allow employees to view or copy at least some of the contents of their personnel records. These laws vary from state to state, and it is important for both employers and employees to be aware of the specific laws and regulations that apply to them.
Employees may request access to their personnel files for various reasons. For example, they may need confirmation of their wages and hours when applying for a mortgage or accessing their employment history when seeking new employment. In other cases, employees may want to confirm the accuracy of the contents or be aware of what information may be available to future employers. Additionally, personnel files can become important evidence in a lawsuit against an employer for discrimination, wage violations, or wrongful termination.
While there is no federal law requiring employers to maintain personnel files on each employee, federal and state laws mandate that employers keep certain records. These records may include payroll records, wage rates, job evaluations, seniority and merit systems, collective bargaining agreements, workplace injuries and illnesses, tax withholding, and records of accrued vacation and other benefits. Employers must also comply with the Americans with Disabilities Act (ADA) and the Health Insurance Portability and Accountability Act (HIPAA) when maintaining employee medical information.
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Frequently asked questions
Yes, in most states, employers can terminate employees "at will," meaning at any time and for any reason. However, the reason for termination cannot be illegal and must not be based on discrimination.
No, you cannot be fired for whistleblowing. Whistleblowers are protected under law and can file a complaint if they believe they have been discharged for this reason.
No, it is illegal to be fired for fulfilling a jury-duty obligation. If you are fired for this reason, you can file a complaint with the Attorney General's Labor Bureau.
No, it is illegal to be fired for taking sick leave. If you are fired for this reason, you can file a complaint with the relevant local authority, such as the New York City Department of Consumer Affairs.
No, it is illegal to be fired based on discrimination, including on the basis of race, sex, religion, or national origin.
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