Plaintiff seeks to recover damages for violation of the First Amendment of the United States Constitution. Plaintiff states that she was unlawfully terminated and treated differently because of her gender.
Montana Complaint for Violation of Civil Rights and for Wrongful Discharge for Reporting Illegal Acts - 1st, 14th Amendments, US Constitution - Jury Trial Demand
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How to fill out Complaint For Violation Of Civil Rights And For Wrongful Discharge For Reporting Illegal Acts - 1st, 14th Amendments, US Constitution - Jury Trial Demand?
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Wrongful discharge can arise under three circumstances: violation of a statute (i.e. discrimination), breach of contract, or a tort action involving bad faith or tortuous discharge. Wrongful discharge cases based on statutory violation are limited to those remedies provided for by the statute.
In Montana, this is called constructive discharge. Next, an employee may be entitled to bring a wrongful termination claim where an employer fails to comply with its own policies and procedures governing discipline and/or termination or, in some circumstances, other employment policies.
Montana employers who fail to terminate a non-probationary employee for ?good cause? can face stiff penalties. The employee may be awarded lost wages and fringe benefits for a period not to exceed 4 years from the date of discharge, together with interest on the lost wages and fringe benefits.
Wrongful discharge can arise under three circumstances: violation of a statute (i.e. discrimination), breach of contract, or a tort action involving bad faith or tortuous discharge. Wrongful discharge cases based on statutory violation are limited to those remedies provided for by the statute.
Wrongful termination may also be called wrongful discharge, wrongful firing, wrongful dismissal, illegal discharge, illegal termination, and illegal dismissal. See Abusive discharge (compare).
This happens when an employee is fired by an employer while refusing to violate a statute or performing a work requirement. An employee can file a lawsuit for wrongful discharge to seek damages. California is an at-will state, which means employers can terminate an employee without providing cause or justification.
The first example of a ?wrongful discharge? is when an employer fires an employee because of the employee's protected status, such as race, color, sex, religion, national origin, etc. This type of wrongful discharge falls under the federal or local anti-discrimination laws.
Wrongful discharge suits must be filed within 1 year after date of discharge and must now be served within 6 months of filing. A wrongfully discharged employee's damages may be reduced by other compensation earned by the former employee.