As an employment attorney, I talk to lots of people who have been fired. While every situation is unique and requires review from an attorney, there are generally a few legal issues worth considering whenever an employee is fired. Here are a few things to think about:
- Employment contractual rights (severance, commission, bonus, vacation/holiday pay, continued employment)
- Wrongful discharge (in violation of public policy)
- Tort issues (emotional distress, fraud, etc.)
- Wage issues (final wages, overtime, minimum wages, deductions, unpaid wages)
- Retaliation
- Discrimination
- Unemployment
- Workers’ Compensation
- Personnel Records
- Statutes of Limitation
This list is not exhaustive, but is intended to show one thing: ending employment is a complicated matter. For employers, a termination of employment is when most liability issues come to a head. And for employees, being fired is a stressful time where one’s financial future comes into question. At any rate, the situation is one that requires attention. As always, I highly recommend talking to a lawyer if and whenever dealing with a termination of employment situation. Termination of employment involves certain rights and even if nothing is wrong with the termination, it can be helpful to understand the rights involved.
