Rhode Island Wrongful Termination Laws

Bias or discrimination in the workplace can lead to wrongful termination, which is illegal under federal laws, like the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964, and often under supplemental state laws across the country as well. Rhode Island is one such state, which establishes limits on its “at will” status for employment. As a result, employees and employers have the right to terminate an employment relationship for any reason except those prohibited in state and federal laws. Those laws also provide employees with legal avenues to pursue remedies and compensation for employer violations.

Rhode Island’s Specific Labor Laws

Rhode Island’s supplemental laws protecting workers from wrongful termination and discrimination can be found in the following chart:

Benefit	State Law	Additional Benefits
Right to Work	No
State Minimum Wage	$7.40	Maximum tip credit $4.31; minimum wage for tipped employees $2.89
State Military Leave	Yes	Employees called into active duty with state military or national guard have the same leave and reinstatement guarantees provided for in the USERRA; employees allowed unpaid leave for training with guaranteed reinstatement, benefits, and seniority upon return unless changes in employer circumstances make that impossible or unreasonable; employee must request reinstatement within 40 days; termination or discrimination prohibited
Jury Duty	Yes	Unpaid leave; employee may not be penalized or discriminated against for serving
Voting	No
Garnishment	Yes	Employer fee $5 per garnishment; $2 per child support payment
State Family & Medical Leave	Yes	Employers with 50 or more employees covered; eligible employees have worked 30 or more hours per week for 12 consecutive months or more; 13 weeks leave in any two calendar years for childbirth, adoption of child up to 16 years of age; serious health condition of employee or family member; up to 10 hours leave for school activities; family member includes parents-in-law
Arrest & Conviction Records	Yes	Asking about previous arrest records on applications or employee interviews is prohibited; asking about convictions is permitted; employee is not required to reveal any convictions that have been expunged
Discrimination	Yes	For 4 or more employees; 1 or more employees – gender-based wage discrimination; for age (40 or older); national origin; disability (physical or mental); HIV/AIDS; gender; pregnancy/ childbirth; race; religion; sexual orientation; genetic testing; domestic abuse victim; gender identity or expression
Whistleblower	Yes	For both public and private employees; employer cannot terminate or discriminate against employee for reporting violations
Plant Closings	Yes	Applies to involuntary layoff and permanent reduction in workforce; employees entitled to at least 18 months’ health coverage continuation at same rate as under group plan, paid for at employee’s expense; length of coverage not to exceed length of employment

*These laws change often, so consult local statutes for the most up-to-date information.

Rhode Island Discrimination Laws

In order to find relief from violations of those state laws, there are provisions for pursuing claims and civil suits in Rhode Island statutes:

Rhode Island state agencies have priority in pursuing claims for discrimination in the workplace or wrongful termination
If state agencies fail to pursue the claim successfully or choose to drop it, employee may file their own private civil suit.
If employee claims or civil suits are successful, Rhode Island statutes allow them to recover attorney’s fees.
Discrimination or wrongful termination claims must be filed within the 1 year statute of limitations for such cases in Rhode Island.

Filing a Claim for Wrongful Termination

In keeping with the Rhode Island guidelines for filing claims and lawsuits for wrongful termination and discrimination, victims should contact the state Commission for Human Rights office to file a claim. After their investigation into the evidence, if that claim is valid, agency representatives will pursue negotiations to settle the claim out of court. If that negotiation is unsuccessful, the agency mail file a civil suit, or drop the case and allow the employee and their employee rights attorney to file a private suit.

Legal Remedies for Wrongful Termination

The remedies which state agencies and employee rights lawyers can pursue in claims and suits vary by violation and the relevant statutes, but they may include any or all of the following:

Compensation for stress and suffering
Reinstatement of benefits and position
Lost wages
Attorney’s fees and court costs
Injunctive relief in the workplace
Punitive damages

Rhode Island laws includes additional penalties for employers who violate employment discrimination laws in some specific areas:

Jury duty – misdemeanor with fines of up to $1,000 and/or 1 year in prison

Garnishment – child support withholding: for discriminating or penalizing employee, liable for damages, interest, legal costs, attorney’s fees, and possibly reinstatement and lost wages; fines of up to $100; for noncompliance with child support withholding order, liable for $100 fine

The penalties for discrimination and wrongful termination can be difficult and expensive. However, the opportunity for victimized employees to pursue legal remedies can be well worth the time and expense if it means reinstatement, compensation, and damages. Because these laws are so complex and detailed, even if Rhode Island state agencies have priority in pursuing those claims, an employee rights attorney can be of tremendous help in determining which laws apply and in preparing for civil action if it becomes necessary.