Dalton Wrongful Termination Lawyer

When a person is fired suddenly from their job, it can be terribly upsetting. But when that termination has come because of unfair and unjust actions on the part of the employer, it can be even more so.

When it happens, and an employee feels as though they were wrongfully terminated, they may need to speak with a Dalton wrongful termination lawyer who can help them understand their rights as soon as possible. A capable FLSA attorney could protect a person’s rights and advocate for them.

Dalton’s At-Will Employment Laws

Dalton, like most other places around the country, is an at-will employment city. This means that employers can fire an employee at will, or for any reason at any time. But this does not mean that employees do not have any rights or form of protection.

While an employer may fire an employee for not doing their job properly, or even for reasons that are not the employee’s fault, such as a downturn in business, there are limitations to the at-will employment law. Discrimination, breach of contract, family or medical leave, and retaliation are all limitations.

Discrimination-Based Termination

Title VII of the Civil Rights Act that was passed in 1964 states that an employer cannot discriminate against an employee based on religion, national origin, race, or sex. While it may be surprising to some, Title VII does not apply to all employers. Only those with 15 or more employees must abide by this portion of the Act.

When Termination is a Breach of Contract

When an employee signed a contract at the start of their employment and that contract explicitly states that the employment will be on-going or end on a specific date, they may not be terminated without cause before that time.

But not all employees must have signed a written contract to have this protection. If an employee handbook implies that the employment will be on-going, or there was a verbal agreement that the employee would be guaranteed employment, that could constitute an implied contract. If there was an agreement, the employee may be protected against wrongful termination. A Dalton wrongful termination lawyer could fight to ensure that the terms of that agreement are honored.

How Does the FMLA Protect Against Termination

The Family and Medical Leave Act (FMLA) was passed in 1993 to allow employees to take a leave when they become very sick or when someone in their family becomes very sick. It also allows leave for those who have just given birth or adopted a child.

There are many conditions attached to an FMLA leave that an employee must meet. If they do meet those conditions and their employer still fires them from their job for taking the leave, the employee could have a valid wrongful termination case.

The EEOC is the Equal Employment Opportunity Commission. This is a federal agency that enforces laws related to retaliation and discrimination. When an employee feels as though they were wrongfully terminated for these reasons, they may file a claim with the EEOC.

Working With a Dalton Wrongful Termination Attorney

Although much employment in Dalton is at will, that does not mean that every termination is rightful. When an employer terminates an employee in an act of discrimination, retaliation, as a breach or contract, or against the FMLA, they have options.

If you need to file a claim with the EEOC, or you feel as though you were wrongfully terminated from your job, speak to a Dalton wrongful termination lawyer who can help. An experienced attorney can help file a claim with the EEOC or take other action to get fired employees compensation and in some cases, even can help them get their job back.