Both employers and employees can end working relationships with little notice and for almost any reason. Professionals can leave their jobs without notice, and companies can fire workers for almost any reason or no specific reason without consequences.
However, employers do still need to comply with the law. They should not fire workers because of their protected characteristics, such as their religion or their race. They should also avoid terminations that might constitute retaliation.
Companies cannot punish workers by firing them after they engage in protected activities. Unfortunately, some organizations still choose to terminate employees in a retaliatory manner. What types of conduct are more likely to put a worker at risk of wrongful termination?
1. Attempting to organize
Technically, union-busting is inappropriate and illegal. Businesses should not fire workers for joining a union or for trying to start one.
Despite the rules in place protecting worker rights, it is quite common for workers involved in the organizing with other employees to lose their positions. Even large companies that are subject to international scrutiny engage in such practices.
2. Requesting unpaid leave
Frequently, workers experience personal or family issues that force them to take time away from their careers. They might have a medical issue that requires treatment. They may have had a child.
They might even want to stay home to take care of a loved one recovering from surgery. The law technically protects the right to take leave, but companies often deny leave requests that are valid or try to quietly fire employees when they come back from an extended leave of absence.
3. Reporting misconduct
Workers who act as whistleblowers shouldn’t have to worry about losing their jobs. Whether they report issues internally by talking to someone in management or they bring matters to the attention of regulatory authorities, their positions shouldn’t be at risk because they speak up about dangerous working conditions, illegal company conduct or harassment from coworkers.
Provided that workers have documentation showing that they engaged in protected activities prior to their termination, they may have grounds to hold their company accountable for violating their rights. Those who have experienced wrongful terminations may need help evaluating their circumstances and taking legal action against the companies that treated them unfairly.