University of Kwazulu-Natal

Wrongful Termination And Employee Rights Under Federal Labor Laws

Bonisiwe Shabane
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wrongful termination and employee rights under federal labor laws

If you've lost your job, you have certain rights, such as the right to continue your health care coverage and, in some cases, the right to unemployment compensation. Our information is written for federal employees and reviewed by attorneys highly-experienced in federal employment law. We follow strict internal standards to ensure everything we publish is reliable, transparent, and up to date. Federal employee termination laws are in place to protect the rights of civil servants while also allowing the government to manage its workforce efficiently. As with any employer, the federal government can fire employees for subpar performance, company policy infractions, or disciplinary issues. However, special rules apply due to the unique nature of government work.

Because federal employees are not private sector workers, they’re afforded protection against arbitrary or politically-motivated firings—their jobs allow them to carry out public business without fear of reprisal. Extensive documentation and a review process are therefore required for proposed removals to prevent abuses of power within the civil service system. Your employer must give you a 30-day notice and a chance to contest alleged misconduct before termination. You can appeal to the MSPB, get representation, possibly be reinstated with back pay, and file complaints with the OSC for employment law violations. If you find yourself in this situation, reach out to a skilled federal employment attorney at The Law Office of Justin Schnitzer by calling 202-964-4878. We can provide guidance on your legal rights and explore the options available to you.

Wrongful termination happens when your employer fires you for an illegal reason. Learn what qualifies as wrongful discharge and the actions you can take. Your termination could be wrongful if your employer fired you: Termination could also be considered wrongful if your employer fired you but did not follow their termination policies. If you were fired because of discrimination, file a report with the Equal Employment Opportunity Commission (EEOC). If you were fired in retaliation for reporting unsafe or illegal work practices or products, you have whistleblower protections.

Report your termination to the Occupational Safety and Health Administration (OSHA). Find instructions for filing a whistleblower complaint. Termination laws set the rules for when and how an employer may end an employment relationship. In the U.S., termination generally happens under the at-will employment doctrine, which means either the employer or the employee can end the relationship at any time, for any reason, or even for no reason... Wrongful termination occurs when an employee is fired for a reason that violates federal law, such as discrimination, retaliation, or breach of specific employee protections. While employment at will provides broad discretion to employers, federal statutes create guardrails to ensure that employees are not dismissed for unlawful reasons.

Understanding where the line is drawn between lawful and unlawful terminations is critical for compliance. Federal rules provide a nationwide floor of protections that apply regardless of where a business operates. Yes. The United States follows the principle of at-will employment. However, this is primarily a matter of state law. Federal law does not impose a general “just cause” requirement, but it does carve out exceptions through specific statutes.

At-will employment allows an employer to terminate an employee for almost any reason—or none at all—unless the termination violates a federal statute or another binding legal obligation. Focused On Employment, Whistleblower And Business Law Dec 3, 2024 | Business Law, Defense Contractor Fraud, Employment Law, Whistleblowers <img fetchpriority="high" decoding="async" class="alignright size-medium wp-image-53498" src="https://www.hoyerlawgroup.com/wp-content/uploads/2024/12/An_illustration_of_a_federal_employee_being_dismis_wordless-300x300.jpg" alt="" width="300" height="300" />As a federal employee, you enjoy strong job protections, but wrongful termination can still happen. This guide helps you understand what wrongful termination means for federal workers and explains what actions you can take if you’re fired unlawfully. If your employer suddenly terminates you without a valid reason, you need to understand your rights and the steps you can take.

Federal employment law can be complex, but knowing the basics helps you navigate it. Employers wrongfully terminate a federal employee when they fire them for illegal reasons. Unlike in the private sector, where most employees are “at-will,” federal employers can only terminate employees for “just cause.” They must provide a legitimate, non-discriminatory reason and follow proper procedures. Common reasons employers wrongfully terminate federal employees include: Losing your job can be devastating. Here’s how to tell if your termination crossed the line and what to do next.

Being fired without warning is always jarring. Whether you were let go after raising a concern, taking medical leave or simply without explanation, the first question that comes to mind is the right one: Was I wrongfully terminated? The answer depends on more than fairness. It depends on the law. This guide explains what qualifies as wrongful termination, common examples and the steps you can take to protect your rights. If you believe you were fired unfairly or unlawfully, a labor and employment litigation lawyer can help you understand your options.

Wrongful termination occurs when an employer fires an employee in violation of federal or state law, a written contract or public policy. Most employment in the United States is “at will,” meaning employers can terminate employees for almost any reason—or no reason at all—so long as the reason isn’t illegal. That flexibility works both ways: employees can also leave at any time without penalty. Employers have an obligation to treat their employees fairly, in accordance with federal statutes. These federal laws provide a variety of protections that prevent your employer from wrongfully terminating you. Understanding these protections can help ensure that you receive fair treatment from your employer.

If you have been wrongfully terminated, you might have a valid legal claim against your former employer. A federal wrongful termination lawyer from the Law Office of Aaron D. Wersing can help you get the justice you deserve. A variety of federal laws prohibit an employer from terminating you based on traits and characteristics that include: You cannot be terminated because you are pregnant or gave birth, or due to any medical condition related to pregnancy or childbirth. You cannot be fired based on any of your genetic traits or ancestry.

Your employer cannot fire you based on your marital status, gender identity (including transgender status), or sexual orientation. Employers must also provide reasonable accommodations to their employees based on a disability as well as religious beliefs and practices. Further, federal law protects you from potential retaliation by an employer. For example, your employer cannot terminate you because you complained about being discriminated against, participated in or assisted with a discrimination investigation, or filed a legal claim alleging discriminatory treatment.

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