An employee who is terminated based in his/hers race, gender, national origin, religion, disability, or age has been wrongfully terminated. By consulting an employment attorney or the Equal Employment Opportunity Commission (EEOC), a person can find out whether his/her situation falls into this category. In addition, various states, counties, and cities, also outlaw wrongful termination on the basis of other classifications such as: marital status, military service, parental status, sexual orientation, etc.
Wrongful termination claims can be difficult because the employee has to prove that the reason he/she was fired (wrongful termination), not hired, not promoted, or otherwise harassed was because of his or her gender (male or female), race (black or white), national origin (Hispanic, Asian, African), age (over 40), or disability. In this sense, the employee has to prove what they did.
Also read: Employment Discrimination
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