Unemployment is one of the biggest challenges that anyone can ever face. Being able to work and keep a job is the right of every hardworking employee. However, many times, employers fire employees due to certain reasons and situations that are beyond the control of the workers.
In this guide, we will take you through a detailed guide that has the relevant information about the employment protection law that has been made by the government to protect the interest of employees. So, if you or your near and dear ones have lost their jobs, you must read this guide!
Scenarios Where Employers Cannot Fire Employees
- If the Employee Reports Illegal Activities
If you were fired because you took the initiative to report illegal activities going on in the company, you are fully eligible to file a lawsuit against the company/employer.
- If the Employee Applies for Leaves of Absence
FMLA and ADA are the two laws where employees can apply for leaves.
- FMLA is applicable for employees who have been working in a company for a year already and have dedicated at least 1250 work hours (also, the company has more than 50 workers).
- ADA is established for the protection of the rights of employees that are disabled. The spectrum of disability is huge. Even knee injuries are considered as a disability under the law.
If you believe you were eligible to take leaves and your employer fired you because you couldn’t show up for work, you should consult a skilled Virginia employment attorney who can verify that your case is genuine.
- If the Employee Denies Overworking
Employees have the right to deny overtiming if the management isn’t willing to offer reimbursement for the additional work hours. Also, if you’ve already overworked and then the management isn’t providing monetary compensation for the added hours you had put in, you can file a lawsuit to get justice.
- If the Employee Belongs to a Different Ethnicity/Gender
Discrimination of any sort at workplace, and in general, is a criminal offense and an open violation of law. Employers cannot fire workers because of their color, gender, or ethnicity. In fact, citing pregnancy as a reason to terminate an employee is illegal too.
- If the Employee Raised Concerns about Toxic Work Environment
Putting employees through mental torture, asking for sexual favors, and making obscene remarks, everything comes under a toxic work environment. It is the responsibility of the management to ensure that employees aren’t subjected to any such issues.
In case, you’re facing such a problem or you had to quit because of the toxic work environment, the employers are held responsible.
Wherefore, contacting a law firm like Pierce McCoy that’s a team of experienced skilled lawyers that aggressively work to protect the interest of the employees is the best option to get justice in the form of monetary compensation as well as getting your job back.