Resignation, Firing & Termination Questions

What are possible claims of Discrimination Upon Employment Termination?


All construction employers need to be cognizant of possible discrimination claims arising from employment termination. To prevail, the former employee would have to prove that he or she was terminated, at least in part, because his or her employee’s protected status (gender, religion, race, national origin, age, disability, etc.). In addition, discharged employees could claim that their former construction employer defamed them by: making false, disparaging comments about them to co-workers or other parties; treated them in a manner intended to cause emotional distress; invaded their privacy by improperly disclosing the reason for an involuntary termination; or terminated them in retaliation for exercising a legal right, such as reporting discriminatory or other unlawful employment practices or taking a leave under the Family and Medical Leave Act or the Military Leave Act.

 




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