Atlanta 9to5

Facts on FIring

With very few exceptions, an employer has the legal right to fire you at any time for any reason or for no reason.

Exceptions:

Discrimination-If you were fired (and you can prove it) because of your race, sex (including pregnancy), age (40 or older), religion, handicap or national origin, this is illegal and you can challenge it.

Group activity-If you can show that you were fired because you were active as a group to improve working conditions, or pay, this is illegal and you can challenge it.

Union contract-If you have a contract, the union must uphold it, and help you get your job back if you were fired contrary to what the contract says.

Public employees-Usually have the protection of a merit or civil service system to protest an unfair firing.  Also, they have some protections of free speech.

 

If you have been fired unfairly, but do not fit one of these exceptions, you can still:

File for unemployment.  According to the regulations, you are disqualified if you were fired, but if you can show that you were forced to quit, you may be eligible.

Write to your state representatives.  Tell your story and let them know that we need protection from “Employment at Will”.  To find out who your legislators are and how to contact them, check out  www.vote-smart.org.

Be aware that by law, you have the right to continue your group health insurance for 18 months with your former employer after quitting or being fired or laid-off if you are enrolled in a plan with 20 or more employees.  You will have to pay the premiums, but a group coverage is cheaper than getting an individual policy.  In other circumstances, such as death of the employee, the employee’s dependents can continue coverage for up to 36 months.