Being wrongfully fired occurs when an employer terminates the employee for an illegal reason such as discrimination. Unlawful termination causes stress for workers and can tarnish the reputation of employers, especially when a former employee brings up charges against them.
- Types of Illegal Termination in Mississippi
- Types of Legal Termination in Mississippi
- At-will Employment Exceptions in Mississippi
- Filing a Discrimination Charge With the Equal Employment Opportunity Commission in Mississippi
- Filing a Lawsuit Against Your Employer in Mississippi
Employees wrongfully terminated from jobs in Mississippi have rights and should immediately take legal action. The key is to know what is a wrongful termination before seeking any action because there can be adverse effects.
The first step after being wrongfully terminated in MS is to file a charge with the Equal Employment Opportunity Commission (EEOC). If the EEOC cannot handle the wrongful dismissal charge directly, then former employees will have the opportunity to sue the former employer.
Employees in MS wrongfully fired from jobs may not think the 10-month process is worth the effort, but for many it is.
Mississippi Unemployment Resources
Types of Illegal Termination in Mississippi
Employees should be aware of the types of illegal terminations in Mississippi, as it is important for workers to know if they are victims of unlawful firings by employers. The types of illegal termination of employment in Mississippi include discriminatory firings based on race, sex, age or religion.
Other types of illegal firings under the discrimination category include national origin and citizenship status. Employees should look for other types of unlawful terminations apart from discrimination such as breach of contract from an employer. Employment contracts can be written, implied and oral. This means an employer cannot terminate employment without good cause outlined in a contract.
Mississippi has types of unlawful terminations from employment regarding time off from work for personal or civic responsibilities. Any employee required to take time off for military duty, jury duty, voting or an issue relating to the Family and Medical Leave Act (FMLA) should be aware that he or she cannot lose his or her job for participating in any of these responsibilities.
When an employee faces any of these types of illegal dismissal of employment, he or she has identified the cause of action for a discrimination charge and potential lawsuit.
Types of Legal Termination in Mississippi
The major types of legal dismissal of employment include layoffs and closure of business. Scarce work qualifies as one of the legal reasons for terminating employees in Mississippi that many employees consider unfair, particularly if the company cannot offer a severance package because it is closing.
Some types of legal termination in Mississippi include the end of an employment contract and poor work performance. Contracted employees typically expect these types of legal firings and initiate looking for the next employment before the conclusion of their agreement.
Employee performances are a type of legal termination of employment, as employees are aware of the standards and requirements of their job. Every Mississippi employee should know the types of legal firing, especially when claiming unemployment or looking to file a discrimination charge against the employer.
At-Will Employment Exceptions in Mississippi
What is employment at will? Employment at-will means that employees and employers can dissolve the working relationship at any time for almost any reason. Is Mississippi an at will state? Mississippi is one of the many states that has the at-will rule. There are exceptions to at will employment that employers must regard.
At will employment exceptions in Mississippi are the public policy and implied contract. An employer cannot fire an employee for refusing to commit a crime or when he or she has a spoken agreement with the employee on the length of employment. Mississippi does not mandate the covenant of good faith exception, which encourages employers to act without malicious intent.
Filing a Discrimination Charge With the Equal Employment Opportunity Commission in Mississippi
It is important to note how to file an EEOC employment discrimination, which is available in person, by phone or mail. Former employees must file a wrongful termination discrimination within 180 of the wrongful termination. Workers filing a charge of discrimination in Mississippi will need to identify the cause of action and prove their termination was unlawful. Former employees will need to know how to file a charge of employment discrimination as well as the process after submitting a claim.
After filing a charge of discrimination in Mississippi, the EEOC will review the case and decide on the legality of the claim. They will attempt mediation between the employer and employee to resolve the matter cordially. If for any reason mediation cannot resolve the issue, the EEOC will begin an investigation.
During the investigation, EEOC will collect evidence like interviews and employer documents to reach a decision. Depending on the findings, the EEOC will try to reach a settlement or instruct the former employee on his or her right to sue. Employees who wonder how to file a charge of employment discrimination lawsuit against their employer should consider obtaining legal counsel.
Filing a Lawsuit Against Your Employer in Mississippi
“Can I file a lawsuit for wrongful termination?” former employees often ask after a wrongful termination. To file lawsuit against employers for wrongful termination the EEOC must issue a Notice of Right to Sue. Filing a wrongful termination claim against employers requires workers to declare a cause of action, a discrimination charge and present evidence of the claim. Suing for wrongful termination in Mississippi can be a long and tedious process.
Employees wondering how to file a wrongful termination lawsuit and have successful results should consider contacting a lawyer. The most effective way to file a lawsuit against your employer in Mississippi is to hire an attorney. Attorneys will help compile evidence like employment documents and pay stubs as well as record witness testimonials, as needed.
Last Updated: October 18, 2022