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Browse our 2 legal questions about Wrongful Termination in United States and the lawyer answers, or ask your own questions for free.
Wrongful termination or wrongful dismissal refers to a situation where an employer terminates the employment contract in violation of the employee’s legal rights. In Kennebunk, United States, like elsewhere, these may encompass a range of scenarios, from violation of federal and state anti-discrimination laws to termination that breaches an employment contract. It can also encompass dismissals in retaliation for a worker's penitentiary actions, such as whistleblowing. Despite being an "at-will" employment state, several exceptions exist in Maine to protect employees from wrongful dismissal.
Legal counsel plays a crucial role in wrongful termination cases. Professionals are adept at interpreting complex legal text, understanding the crux of your situation, and advocating on your behalf. They can assist with filing formal complaints, intent letters, and lawsuits, apart from assisting with mediation and negotiation. Most importantly, they can use their knowledge and experience to navigate the legal intricacies of your situation, protecting your rights, and possibly recovering lost wages or securing reinstatement.
Maine laws protect individuals from wrongful termination in several ways over and above the federal framework. Employers cannot terminate anyone in retaliation for exercising any rights under the Workers' Compensation laws, or for opposing any practices forbidden under the Human Rights Act. Moreover, employers with over 15 employees cannot dismiss anyone on grounds of disability, sex, race, ancestry; businesses with over 5 cannot do so for age.
Wrongful termination can include firing an employee for discriminatory reasons, in breach of an employment contract, or in retaliation for legal activities like whistleblowing.
At-will employment means that an employer can terminate an employee at any time for any reason, except an illegal one, or for no reason without incurring legal liability. Similarly, an employee is free to leave a job at any time for any or no reason with no adverse legal consequences.
Yes, if you’re terminated illegally, you may sue for wrongful termination. A successful lawsuit could result in reinstatement or monetary compensation.
In some cases, a court may order the employer to reinstate the wrongfully terminated employee. However, reinstatement is less common due to potential friction in the workplace.
If you suspect wrongful termination, it is recommended that you speak with an experienced employment lawyer to understand your rights and next steps.
You can visit Maine's Department of Labor's website for resources and information about employment laws. Additionally, you can seek assistance from the Maine Human Rights Commission, Maine Employee Rights Group, or local legal aid societies.
If you believe you've been wrongfully terminated, gather all employment-related documents, including employment contracts, communications indicating the reason for your dismissal, and documents related to your performance, etc. Document any incidents related to your termination. Then seek consultations from legal professionals specializing in employment law.
