Additionally, an employee cannot be fired in violation of any policies and procedures established by the employer. For example, if the employee handbook requires that employees be put on probation for a certain amount of time before being fired for a certain offense then the employer cannot waive the probationary period in violation of its own policies and procedures without the employee’s consent.
The employment at will doctrine allows an employee to leave a job at any time and allows an employer to find the best employees for its business without being legally obligated to continue employing a particular employee. However, the wrongful termination laws place an important qualifier on that right and protect employees from being unfairly and illegally fired for the reasons described above.
Remedies
If you believe that you have been wrongfully terminated then you may be entitled to compensation under the law. Your potential remedies are defined by state law and may include:
- Back Pay for the time that you were not working after your wrongful termination;
- Reinstatement to Your Job, with reasonable accommodations if necessary;
- Promotion, if a promotion was wrongfully denied you;
- Other Compensatory Damages, including compensation for benefits such as medical insurance that were lost due to wrongful termination;
- Punitive Damages; and
- Attorney’s fees.
Wrongful termination law seeks to strike a balance between protecting employees and allowing employers to fire employees who are not a good fit for their company. If you think that you have been wrongfully terminated it is important to gather as much evidence and to keep as much documentation as possible to support a potential case against your employer.
Source : http://resources.lawinfo.com
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