The Effects of Wrongful Termination
Wrongful termination can adversely affect an employee. Forgoing steady income and having to look for a new job can be costly and often causes financial hardship. Employers are prohibited from allowing wrongful termination to occur within their organization. Employees that lose their job on illegal grounds can sue for damages, as well as potential reinstatement.
San Jose Community College Suit
A teacher working at the San Jose school was subject to wrongful termination after a student complained that he made disparate comments about how male homosexuality is caused. According to a theory backed by German studies, female homosexuality does not exist since male homosexuality is derived from the stress that a mother may endure in a prenatal state.
The school allowed the wrongful termination to occur even though it was against the professor’s First Amendment rights to free speech. The court for the wrongful termination case approved a settlement that includes $100K and the removal of the mark from the employee’s record. It was determined that a wrongful termination teacher should not be punished for potentially offending a student in a normal academic situation, since learners do not have an inherit right to not become offended while attending college.
Although the State of California has an at-will employment policy, it does not allow employers to rely on wrongful termination. An employer has the right to discharge a worker for any reason, as long as it not based on illegal ones. Upholding the wrongful termination law should be the main focus of any company.
If you need help with wrongful termination, then you should not hesitate to contact Shegerian & Associates for a consultation!