Worried About Losing Your Job? Here is What You Can’t Be Fired For

Written By Alla Levin
December 08, 2022
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Worried About Losing Your Job? Here is What You Can’t Be Fired For

In today’s economy, it’s no wonder that so many people are afraid to lose their jobs. With the constant threat of layoffs and downsizing, anyone could be next on the chopping block. But many people don’t realize that there are certain things your employer can’t fire you for.

So, if you’re worried about being laid off, here’s a list of some things you can’t be fired for.

Making a Disability Claim

Employers cannot fire employees for filing disability claims if they have been injured. Suppose an employer terminates a disabled employee who has filed for disability benefits. In that case, the employer may face legal consequences for discrimination, which could have damaging effects on the business and the individual involved.

So, can you be fired for making a long-term disability claim? Well, the answer is simple. Employers cannot fire employees simply because they have claimed long-term disability benefits. The law does not allow employers to discriminate against employees who are disabled or have filed for disability benefits.

It is essential for both employers and employees to understand the laws related to disability claims to ensure that all workers are treated fairly and with respect. If you think your rights have been violated or that an employer has misbehaved regarding your disability claim, then it is essential to speak with a qualified attorney who specializes in employment law and disability claims as soon as possible.

Union Membership, can you be fired for making a long-term disability claim

As an employee, if you decide to become a member of a union or participate in activities associated with a union, you should have peace of mind knowing that you can’t be fired for this. By law, employers must bargain with unions and treat their members fairly, regardless of their personal views on these organizations.

Additionally, employers cannot fire employees for attending meetings related to collective bargaining or other matters. If an employee is fired due to involvement in a labor organization, they may have the right to file a wrongful termination suit.

Whistleblowers

Many of us will be surprised to know just how common unethical and illegal activity can be in the workplace. As a result, it is important for employees to be protected against any form of retaliation if they choose to report their employers’ wrongdoing. Whistleblowing laws protect individuals who disclose information about specific types of violations in the workplace and other matters of public concern.

This means that employers are not allowed to fire or otherwise discriminate against whistleblowers, even if the information they are reporting is confidential or the employer does not like it. Employees who believe they have been retaliated against for whistleblowing should contact a lawyer to discuss their legal rights and remedies.

Discrimination

Federal, state, and local laws prohibit employers from discriminating against employees based on race, color, national origin, religion, sex (including pregnancy, gender identity, and sexual orientation), age (40 or older), disability, genetic information, or military service.

Employers also cannot discriminate against employees because they are receiving public assistance or have made a discrimination complaint. Employers must treat all employees equally, regardless of any protected status they may have. Furthermore, these employees cannot be fired or retaliated against for filing a complaint.

Violations of Public Policywhistleblowing

Employers cannot terminate their employees’ employment for certain public policy violations. This is known as wrongful termination, which describes any discharge that is based on an action deemed illegal or unjust by labor laws in the jurisdiction in which it occurs. Violations of public policy can vary significantly from state to state but generally includes such things as refusing to commit perjury, reporting unlawful activities to the authorities, and taking time off work for jury duty.

Some states have laws that prohibit employers from terminating employees due to their race, gender, disability status, or sexual orientation. If an employer violates any of these public policies when discharging an employee, they may be liable for wrongful termination.

Conclusion

So, what can employers not fire their employees for? The answer is straightforward: employers cannot fire their employees for any illegal reason. This includes firing an employee because of their race, gender, religion, or sexual orientation.

Additionally, employers cannot fire an employee in retaliation for whistleblowing or filing a complaint about workplace discrimination. If you have been fired from your job and believe it was unlawful, you must speak with an employment lawyer as soon as possible to learn more about your legal rights and options.

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