Mario Vasquez, a New York Attorney, on Wrongful Termination Myths

Wrongful termination cases can be both sensitive in nature and broad in the areas they encompass, and the spectrum’s complexity has given way to an increasing amount of myths and misconceptions, which in turn can negatively influence those rightfully considering such legal action.

Below are a few common wrongful termination myths, debunked.

“You cannot sue your employer if you quit”
It is not surprising that this misconception endures despite its falsehoods — after all, how can one initiate legal action against an employer when they ended their employment on their own terms? However, in most states, under the values outlined within constructive dismissal, an employee may quit because of intolerable working conditions. In this situation, the employer in question may be legally liable for the unfavorable condition that led to self-termination.

Myth: “You cannot sue your employer even if you were promised job security”
This scenario can be tricky, as it requires a certain set of circumstances to make a viable case. If lasting job security is noted or otherwise implied in a new contract, the worker signing that contract may theoretically explore legal action if he or she is terminated without a valid cause (the latter detail is where many grey areas reveal themselves). These cases require careful examination of all employer-provided documents, during which phrasing and verbiage must be reviewed with a fine-tooth comb.

Myth: “You cannot sue your employer if you were discriminated against”
This myth is perhaps one of the most disturbing — albeit common — in wrongful termination. Put simply: workplace discrimination is illegal, but this is not always as clear as one may think; this is where the process can become complicated, as, in most states, a terminated employee must file a discrimination complaint with a state or federal agency prior to the actual suit, and there are usually strict constraints and rules applied to this timeframe. Discrimination-based termination can be directed at skin color, race, gender, national origin, age, religious belief, genetic information, physical or mental disability, and pregnancy — among many other characteristics and lifestyle choices.

Originally published on MarioVasquez.info