Impact of Wrongful Termination on the Victim
Persons wrongfully terminated will suffer financially, emotionally, and will be permanently be excluded from the financial service industry.[1] The issues leading to illegaltermination impacts the consequences that follow the employee. Regardless of the actions which employees take, there are always negative consequences, some of which can take long or never get a remedy.[2]The steps which an employee takes, for example, litigation, can make the results worse, reduce or eliminate them. All those alternatives are unpredictable, although employees can use legal professionals to minimize the effect of negative consequences.Even though the employer, the company, and the employee all suffer from wrongful termination, employees suffer more due to their low status, especially in income accumulation.[3] Sometimes the consequences to the employer and company are insignificant due to the ability to pay legal procedures where the employees use such means in search of justice.
Financial Consequences of Wrongful Termination
The financial consequence is the primary effect of wrongful termination since it was the main reason for seeking employment. One of the economic losses is the regular earning which an employee was receiving from the employee.[4] Wrongful termination does not have any notice of payment in advance of some months as the employee looks for another job.[5] Employees suffer financially as they cannot support their basic needs assuming that they did not have any other business or source of income. There are missed overtime earnings, unpaid wages, and other payments that the employer was holding at the time of termination. Employees feel it hard to face the employee and request the amounts withheld due to the claim that they were in the wrong.[6]The financial consequences proceed until the time an employee will get another employment or get reinstated in the previous employment, which is a difficulty option.[7] Another way through which employee’s financial consequences through regular earnings prolongs is where they get a new job with lower pay than the previous one. The result occurs since the employee was living a lifestyle based on the lastpost.[8]Employees strain to meet all bills and live according to their status with reduced pay, sometimes leading to loans.
Emotional Harm on Wrongfully Terminated
The emotional consequence is the first effect that hits employees once they receive news of wrongful termination. Even though some expect such wrongful termination, emotional stress cuts across in expected an unexpected case.[9]Victims suffer from psychological conditions such as anxiety and depression. One of the reasons why they suffer emotionally is because of many questions arising as to the reasons why the employer picked only them out of the many employees.[10] Affected people start wondering how ugly, underperforming,or their supervisors dislike them.[11] Such questions lower someone’s self-esteem leading to stress and depression. Another reason for emotional harm is because of the thoughts of a damaged reputation that comes along with termination, whether legal or illegal[12]. Since the company or the employer is in control, many tend to believe that the dismissal was legal and hence view the employee is unethical and not hardworking.[13] Sometimes the employee might claim that the employee was a thieve or violated terms of the contract. However, even when the other employees and community members are aware that the termination was wrong, they will still suspect the negative side of the victim’s question of why a specific person.
More emotional suffering results from the fact that fired employees find it hard to secure another job.[14] When they get, the new employers place them in low-level positions and pay below their qualifications and experience. Most of the companies and employees do not give much seriousness in writing a good recommendation letter to terminated employees.[15] The employees become stressed that they cannot claim previous employment due to a lack of proper recommendation letters. The stress heightens by the fact that their experience for those years gets lost, and they will have to start again if they want to secure employment.
Exclusion from the Financial Service Industry as a Result of Wrongful Termination
Wrongfully terminated employees also suffer from exclusion from financial services, including insurances, banks, credit unions, and investment funds, since the employer stops reminting contributions.[16]Since the employer must provide information about the employees, failure to remit the contributions and accompanied reasons make some of those financial institutions to backlist the victim.[17] Credit institutions, for example, cannot offer loans to the employee because there is no payslip to make deductions. Health insurance companies, on the other hand, requires such unemployed persons to make new commitments with different contracts. It becomes tough for the victim to access essential services such as health and loans making life even more difficult.[18] Financial institutions offering loans fears that the employee’s character leading to termination might affect their repayments and, therefore, stop or increases demands in the contract. The institutions believe the employer more than the employees until such a time when the court determines that the termination was illegal.
Substantive and Procedural Law Applicable to Employment Discrimination
Most of the wrongful termination of employees occurs and goes unreported due to a lack of knowledge about restrictions to termination through substantive law. Employees are further not aware of procedural codethat they can take to recover any consequences following wrongful termination.[19] However, there is also a challenge, as this paper will discuss later in the specific laws preventing justice on the victim of wrongful termination.[20]The majority of substantive and procedural laws protect the employer since they result from an unbalanced society that glorifies those in the high social class.[21] Legislatures represent people who own business and companies and hence, make laws that favor employers to continue accumulating wealth as they oppress employees with wrongful termination, among other issues.
Substantive Law
Substantive law employment defines the relationship between an employer and employees, outlining when it is illegal and legal to terminate individuals.[22] The law informs employees when the employer does not have a right to terminate them and therefore seek remedy or defend their position. Employees and employers enter in a contract through the employment substantive law which the judicial system recognizes.[23] The substantive laws in employment include:
Employment at Will Doctrine
Employment at will is a legally recognized agreement between the employer and employee that the contract has an indefinite period, although either party can terminate any time.[24] It exists even where the employer and employees do not have any other bargained contract.[25]However, it is not easy to terminate an agreement by either party as the doctrine sounds. The at-will employment contract provides several exceptions where termination of employment is illegal. One of the exceptions is where there is a public policy protecting an employee.[26] The policies can include discrimination on any category like race or gender, failing compensation claims for injury, refusal to go against the law, among others.[27]Employers cannot claim legal termination when they violate public policies, and employees can file claims for such actions.
Another exception when an employer cannot terminate employment through at-will doctrine is action on implied contract.[28] An implied contract is one where employers in an informal way add their exceptions in the contract to end once employees behave in specific ways or do not meet certain limits.[29] For example, an employer can argue that the failure of all employees to have personal cars amounts to dismissal. Such exception is an implied contract contrary to the one under a collective bargain.[30] The at-will doctrine recognizes such as wrongful termination because the employer did not agree or allow the employee to consent to such exception.[31] In most cases, such implied exceptions can be intentional to dismiss an employee for other unjustified reasons hence the law protects.
There is also the exception of the implied covenant of fair dealing or good faith.The implied covenant of fair dealing or good faith means that the parties have duties to act in good faith without avoiding their words.[32] Any employer who goes against their words to act in bad faith does not have the right to terminate the employee’s employment.[33]Bad faith means that the malice, dishonesty, and other fraudulent intentions on the side of the employer motivate the termination.
Retaliation Provisions
It is common for employees to retaliate against employers who exercise or report a violation of their rights. Retaliation is actions like a demotion, reduced salary, and even termination when employees exercise their rights, for example, claim salary increment or report workplace violation of their rights.[34] The law does not allow employees to take retaliation measures against their employees. Most of the government agencies which enforce employment laws depend on employees who report employers and company violating the law. Employees complaint about employer’s retaliationhelps the agencies make follow up and in-depthinvestigationwhether the company violates other employees’ laws.[35] Knowledge of where to report retaliatory measures as the paper will discuss later is essential to control and ensure enforcement of employment laws. Employees can, despite reporting the retaliation to the relevant authorities, file a lawsuit on the several prevailing laws which protect workers against termination.
One of the substantive laws on retaliation is workplace discrimination and harassment. It is illegal for any employer to terminate employees who report workplace harassment and discrimination to the Equal Employment Opportunity Commission (EEOC), the human resource department, or any other relevant authority.[36]Employers can also not terminate employees due to engagement in investigating issues of discrimination and harassment.[37] Termination when employees request for their disability accommodation and other rights is also wrong.
Another retaliation provision is on leave, where employers cannot terminate an employee who asks for a holiday. Under the Family and Medical Leave Act and other laws in different states, employers cannot harass employees through termination or deductions when they take leave, paid leave, and additional time of which the law protects.[38] Companies or employers also illegally terminate employees who report internally or externally to agencies like the Occupational Safety and Health Administration about the violation of safety and health. Another law protecting retaliation is on worker’s compensation, where employees can claim without firing.[39] Employers wrongfully terminate workers who request compensation for issues like injuries occurring on the job or missed leaves.
Retaliation provisions protect different categories of employees includes those seeking recommendations of reference letters. Where employers do not remedy illegal conducts forcing and employees to leave the employment, they cannot provide negative references as a way of protecting one from getting a new job.[40]The law also protects retaliatory measures that employers take when they speak out on behalf of a colleague experiencing mistreatment.[41]Employees have the right to report any cases of harassment of fellow employees who possibly cannot do it for themselves. They cannot also engage in helping agencies investigate such matters, and termination or other actions against them would be wrong.
Whistle Blower Claims
Another substantive law on employment discrimination and specifically termination are on whistleblowing claims. It is risky for an employee to fight against an employer or company that is on the wrong towards the public.[42] Employer behaves different unethical ways to deceive consumers for more profits which is a risk to them when exposed to this making such exposure risk to an employee. The law makes illegal termination and other forms of discrimination where employees report cases of unlawful conduct at the workplace unrelated to employees.[43]Such behaviors include underweight packages, financial irregularities, and harmful components in consumer-produced goods.The whistleblowing provision Different states have laws, for example,the Sarbanes-Oxley Act, which protects employees against discrimination on whistleblowing.[44] Other laws protecting employees against discrimination on whistleblowing include the occupational Safety and Health Act, False Claims Act,Whistleblower Protection Act, and the No-Fear Act.
Bibliography
Jolles, Ronald E. “A Survey of Employment Contract Law in Florida: An Analysis of the Applications of Employment Contracts to the Interests of Employers and Employees.” Fla. St. UL Rev. 21 (1993): 167.
Madinda, Alexander S. “Unfair termination of employment at workplaces.” Review IJETST 1, no. 5 (2014): 764-769.
Mallor, Jane P. “Punitive Damages for Wrongful Discharge of At Will Employees.” Wm. & Mary L. Rev. 26 (1984): 449.
Mallor, Jane P. “Punitive Damages for Wrongful Discharge of At Will Employees.” Wm. & Mary L. Rev. 26 (1984): 449.
Muhl, Charles J. “The employment-at-will doctrine: three major exceptions.” Monthly Lab. Rev. 124 (2001): 3.
Muhwezi, Matsiko Godwin. “Assessment of damages on wrongful termination of employment (Uganda).” Available at SSRN 2478609 (2014).
Porter, Nicole B. “The Perfect Comprect Compromise: Bridging the Gap Between A omise: Bridging the Gap Between At-Will Employment and Just Cause.” Nebraska Law Review, 87.1 (2008):62.
Volokh, Eugene. “Private Employees’ Speech and Political Activity: Statutory Protection Against Employer Retaliation.” Tex. Rev. L. & Pol. 16 (2011): 295.
Malin, Martin H. “Protecting the Whistleblower from Retaliatory Discharge.” U. Mich. jL Reform 16 (1982): 277.
Witus, Morley. “Defense of Wrongful Discharge Suits Based on an Employee’s Misrepresentations.” Mich. BJ 69 (1990): 50-50.
[1]Alexander, Madinda S. “Unfair termination of employment at workplaces.” Review IJETST 1, no. 5 (2014): 765.
[2]Jane, Mallor P. “Punitive Damages for Wrongful Discharge of At Will Employees.” Wm. & Mary L. Rev. 26 (1984): 449.
[3]Ibid., 450.
[4]Matsiko, Muhwezi Godwin. “Assessment of damages on wrongful termination of employment (Uganda).” Available at SSRN 2478609 (2014): 3.
[5]Ibid.
[6]Muhwezi. Assessment of damages on wrongful, 5.
[7]Mallor. Punitive Damages for Wrongful Discharge, 450.
[8]Ibid., 451.
[9]Ibid.
[10]Alexander, Madinda S. “Unfair termination of employment at workplaces.” Review IJETST 1, no. 5 (2014): 764.
[11]Mallor. Punitive Damages for Wrongful Discharge, 449.
[12]Mallor. Punitive Damages for Wrongful Discharge, 449.
[13]Muhwezi. Assessment of damages on wrongful, 5.
[14]Madinda. Unfair termination of employment, 765.
[15]Ibid.
[16]Muhwezi. Assessment of damages on wrongful, 3.
[17]Ibid., 4,
[18]Ibid.
[19]Mallor. Punitive Damages for Wrongful Discharge, 450.
[20]Nicole, Porter B. “The Perfect Comprect Compromise: Bridging the Gap Between A promise: Bridging the Gap Between At-Will Employment and Just Cause.” Nebraska Law Review, 87.1 (2008):62.
[21]Mallor. Punitive Damages for Wrongful Discharge, 451.
[22]Ronald, Jolles E. “A Survey of Employment Contract Law in Florida: An Analysis of the Applications of Employment Contracts to the Interests of Employers and Employees.” Fla. St. UL Rev. 21 (1993): 167.
[23]Charles, Muhl J. “The employment-at-will doctrine: three major exceptions.” Monthly Lab. Rev. 124 (2001): 3.
[24]Ibid.
[25]Jolles. A Survey of Employment Contract Law in Florida, 168.
[26]Mallor. Punitive Damages for Wrongful Discharge, 451.
[27]Jolles. A Survey of Employment Contract Law in Florida, 168.
[28]Jolles. A Survey of Employment Contract Law in Florida, 169.
[29]Ibid.
[30]Muhl. The employment-at-will doctrine, 4.
[31]Ibid., 5.
[32]Mallor. Punitive Damages for Wrongful Discharge, 452.
[33]Jolles. A Survey of Employment Contract Law in Florida, 167.
[34]Eugene,Volokh. “Private Employees’ Speech and Political Activity: Statutory Protection Against Employer Retaliation.” Tex. Rev. L. & Pol. 16 (2011): 295.
[35]Volokh. Private Employees’ Speech, 297.
[36]Volokh. Private Employees’ Speech, 297.
[37]Morley, Witus. “Defense of Wrongful Discharge Suits Based on an Employee’s Misrepresentations.” Mich. BJ 69, (1990): 50.
[38]Martin, Malin H. “Protecting the Whistleblower from Retaliatory Discharge.” U. Mich. jL Reform 16 (1982): 277.
[39]Volokh. Private Employees’ Speech, 296.
[40]Volokh. Private Employees’ Speech, 297.
[41]Malin. Protecting the Whistleblower from Retaliatory, 277.
[42]Malin. Protecting the Whistleblower from Retaliatory, 278.
[43]Malin. Protecting the Whistleblower from Retaliatory, 277.
[44]Volokh. Private Employees’ Speech, 295.
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