When Should Termination Pay Be Paid?
Termination Pay Be Paid
When should termination pay be paid? That question is at the center of a new lawsuit by a former employee who claimed he was unfairly dismissed from his job. According to the lawsuit, his supervisors, who believed him to be well qualified for the position, offered him a settlement rather than allowing him to continue his employment when the company learned that he would be filing a lawsuit. He was wrong, because termination pay was not his right under federal law and did not exist under any provision of his employment agreement.
Federal law protects an employed person from being discriminated against based on gender, religion, national origin, age, race or any other category. It also requires an employer to give equal opportunity to all applicants for jobs within the company. When an employee is discriminated against for reasons covered by these laws, he has the right to claim backpay, damages and other legal claims. If you are an employee who feels he has been discriminated against, it is important that you find out if your employer complies with the Fair Labor Standards Act (FLS) and the Americans with Disabilities Act (AWDA).
The FLS establishes the legal rights of employees to be paid for their work without being discriminated against severance pay. For example, if you are an employee who has been harassed on the job because of your sexual orientation, sexual words or conduct, the FLS will protect you from being permanently discharged. Another important provision of the FLS is that your employer cannot retaliate against you for complaining about unlawful discrimination. Thus, you can pursue an action for workers compensation or claim your wrongful termination in court. Likewise, if you are the victim of repeated theft or other acts of violence, harassment, dishonesty or abuse, the AWDA will protect you from having your wages garnished or otherwise taken away.
When Should Termination Pay Be Paid?
Because your claim for compensation may be considered a frivolous or vindictive action, the employer may not pursue legal action against you unless there is solid evidence of discrimination or a clear case of wrong doing by the employer. For this reason, many employees mistakenly believe that they have a case when, in fact, they do not. Legal aid may be needed in such situations. To be safe rather than sorry, you should always ask your legal representative when should termination pay be due and you should know how much your lawyers will charge for your assistance.
In addition, you should understand that legal fees and other costs incurred during the case will likely be added to your final settlement or judgment amount. In some cases, you may be able to settle the matter yourself, but you should not take any chances. You certainly do not want to end up further financially disadvantaged because you were not careful when making decisions about what to include or exclude in your case. If your case is settled outside of court while you still have your day in court, your lawyers will be paid at their expense.
Finally, if you do decide to pursue litigation to determine whether or not you are owed a settlement or judgment in your case, you should make sure that you have the facts straight before proceeding. Nothing will be worse than not knowing the appropriate amount of time from the date of the original complaint until the litigation has been concluded. You should also know the steps that must be taken in order for you to be compensated for wrongful termination.