Employees’ rights regarding termination
When you fire an employee, keep in mind that they have a right to receive their final paycheck. Federal law doesn’t require employers to issue last paychecks immediately, according to the U.S. Department of Labor, though state laws may vary. Depending on the circumstances, employees may also have a right to continued health coverage, severance pay, or a PTO payout.
Otherwise, you can’t terminate workers on the basis of certain protected activities or characteristics. Terminating a worker on the basis of protected activities or characteristics alone may result in an unlawful dismissal lawsuit.
Protected characteristics include:
- Age
- Citizenship
- Race
- Genetic information
- National origin or ancestry
- Color
- Physical or mental disability
- Religion or creed
- Sex, including pregnancy and sexual orientation
- Veteran status
Protected activities include:
- Making good-faith complaints
- Filing lawsuits
- Joining a union or participating in collective bargaining
- Discussing working conditions
- Participating in strikes
- Requesting access to a personal employee file
Several federal laws protect employees from unlawful termination, including:
- The Fair Labor Standards Act (FLSA)
- The National Labor Relations Act (NLRA)
- The Americans With Disabilities Act (ADA)
- The Occupational Safety and Health Act (OSHA)
- The Civil Rights Acts of 1964 and 1991
- The Age Discrimination in Employment Act (ADEA)
- The Equal Pay Act
- The Genetic Information Nondiscrimination Act (GINA)
- The Pregnancy Discrimination Act
These laws and regulations protect employees against unlawful termination and discrimination. Employee rights under these laws supersede company policies and procedures. And if company policies prohibit protected activities, you cannot fire an employee for participating in the protected activity. State and local governments also use similar or more restrictive laws to protect employee rights against unlawful termination.