When is a Job Termination Considered Wrongful in Maine?
Most employment in Maine considered to be "at-will". This means that either the employer or employee can terminate the employment at any given moment, and for any reason. Basically, the only limitation or exception in an "at will" employment is that the termination must not conflict with the law.
Employment that is not considered "at will" is not subject to the same restrictions, however, and so it is important to discover whether your employment is so classified. Work arrangements that are based on an employment contract are often not "at will", and so they cannot be terminated except according to the contract provisions.
What are the Illegal Grounds for Terminating At Will Employment in Maine?
In a Maine at-will employment, discrimination is the most common illegal ground for terminating an employee. Termination by an employer cannot be done on the basis of race, nationality, gender, or religion. An employer also may not fire an at-will employee in retaliation for the employee prompting an investigation into discrimination or filing a legal claim of discrimination against the South Portland employer.
Also, under the Family and Medical Leave Act, employers may not terminate employees who have taken leave for family reasons or medical treatment. Finally, employers may not fire workers who exercise their legal rights, perform a legal obligation, or refuse to commit an illegal act.
Do I Need a Maine Attorney for My Wrongful Termination Case?
A local South Portland, Maine attorney can better inform you about whether a wrongful termination has occurred, and will also help in gathering the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.
