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Employers generally enjoy wide latitude in personnel decisions, including the circumstances surrounding termination. While a business may fire an employee without actual cause in most states, state and federal law provide legal recourse for employees who are victims of wrongful termination. Here are just a few of the situations in which employers are legally prohibited from firing an employee.

3 Reasons for Wrongful Termination Suits

1. Discrimination Based on a Protected Class

Federal law prohibits most private employers from basing hiring, promotion, or termination decisions on an individual’s race, religion, sex, marital status, or country of origin. Like many other states, Hawaii extends these protections to include other groups, making it illegal to discriminate based on the individual’s gender expression, genetic information, sexual orientation, or criminal background. Because employers and managers rarely make openly discriminatory comments, proving these cases without the help of an attorney is often difficult.

2. In Violation of a Written Agreement

wrongful terminationMany employment contracts require advance notice of termination, or outline specific circumstances under which a employee may be fired. If you were terminated in violation of your written contract or the employer failed to follow the procedures described in the document, you may have grounds for a wrongful termination suit.

3. Retaliation & Whistleblowing

Most states protect workers from being fired or demoted for exercising their rights under the law. In most instances, employers cannot terminate your employment in retaliation for testifying about a company’s wrongdoing, sending information to regulatory agencies, or filing a worker’s compensation claim.

 

If you believe your rights have been violated, the legal team at the Charles H. Brower Law Corporation have the resources and expertise to ensure you receive justice. For over 40 years, they’ve been representing victims of wrongful termination throughout Oahu, building a reputation for professionalism and results. Visit their website to find out more on their employment law services, or call (808) 526-2688 to arrange a consultation today.

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