In general, employers are given wide latitude in day-to-day business decisions, including whom to hire or fire. However, to prevent discrimination and create a more peaceful working environment for everyone, both state and federal laws prohibit managers from making workplace decisions based on an employee’s race, religion, or other protected factors. Understanding the law can help businesses of any size avoid time-consuming and expensive unlawful termination suits.

What Is Unlawful Termination?

Discrimination Against Protected Classes

Under federal law, employers may not make promotion or termination classes because of the employee’s age, disability, or genetic information such as a predisposition to certain diseases. An individual’s national origin, race, and sex are also protected classes, along with their marital or pregnancy status. However, individual states may extend these rights to other classes. In New York, for example, employers may not factor a person’s gender identity, sexual orientation, or religion into hiring and firing decisions, so speak to an attorney if you have any doubts

Retaliation for Complaints

Both state and federal law protect individuals who have filed a complaint against coworkers for sexual harassment, discrimination, as well as those who report legal violations to authorities. Businesses who retaliate against employees for complaining of illegal working conditions, or who have filed worker’s compensation claims, may find themselves facing an unlawful termination lawsuit.

How an Attorney Can Help

Many companies inadvertently violate federal or state guidelines when training managers in proper hiring techniques, or failing to properly document infractions that led to termination. An employment law firm can reduce your legal exposure by crafting hiring and termination guidelines that conform with legal requirements, and help you avoid lawsuits in difficult situations. If you’ve already been named in a suit, they can also aggressively protect your interests and work to craft a suitable resolution to the dispute.

For over 130 years, MacVean, Lewis, Sherwin & McDermott, P.C. has represented the interests of employers throughout the Hudson Valley, providing detailed guidance and aggressive representation in a road range of employment issues. If your business has been accused of unlawful termination, they will strive to provide the detailed guidance you need to achieve the best possible outcome. Visit their website for more on their employment law expertise, follow their Facebook for additional legal tips, or schedule a consultation at their office in Middletown by calling (845) 343-3000.