Introduction
Losing a job can be stressful but if you believe you were fired unfairly you may have a case for wrongful termination. Wrongful termination occurs when an employee is dismissed in violation of legal rights, employment contracts or public policies. This guide will help you understand wrongful termination, your legal rights and how to take action.
What Is Wrongful Termination?
Wrongful termination refers to being fired for unlawful reasons such as:
- Discrimination based on race, gender, age disability or religion.
- Retaliation for reporting illegal activities (whistleblowing).
- Termination for exercising legal rights (e.g. taking medical leave).
- Violation of an employment contract.
While most employees work under at will employment meaning they can be fired for any reason employers cannot terminate an employee for illegal reasons.
Common Causes of Wrongful Termination
1. Discrimination
It is illegal for employers to fire employees based on:
- Race color or national origin.
- Gender sexual orientation or pregnancy status.
- Disability age (40+) or medical conditions.
2. Retaliation
Employees cannot be fired for:
- Reporting workplace discrimination or harassment.
- Whistleblowing on illegal business practices.
- Filing workers’ compensation claims.
3. Breach of Employment Contract
If you have a written verbal or implied contract that guarantees job security, firing you against the terms of that contract could be wrongful termination.
4. Violation of Public Policy
Employers cannot fire employees for reasons that violate public policy such as:
- Taking family or medical leave (FMLA).
- Serving jury duty.
- Refusing to engage in illegal activities.
Signs That You May Have a Wrongful Termination Case
- You were fired shortly after filing a complaint against the company.
- You have evidence that other employees in similar situations were treated differently.
- Your employer did not follow their own termination procedures.
- You were dismissed after requesting workplace accommodations.
Steps to Take if You Are Wrongfully Terminated
1. Gather Evidence
- Keep copies of emails, termination letters and employment contracts.
- Document conversations and events leading to your dismissal.
- Obtain witness statements from colleagues.
2. File a Complaint with HR
Before taking legal action file a formal complaint with your company’s Human Resources (HR) department.
3. Consult a Wrongful Termination Lawyer
- A wrongful termination attorney can evaluate your case and determine your legal options.
- Many employment lawyers offer free consultations and work on a contingency basis.
4. File a Complaint with Government Agencies
- If discrimination was involved, file a claim with the Equal Employment Opportunity Commission (EEOC).
- If public policy violations occurred, report the issue to the Department of Labor or your state’s labor agency.
5. Consider Legal Action
- If negotiations fail you may have the right to file a wrongful termination lawsuit.
- A successful lawsuit can result in reinstatement of lost wages or financial compensation.
How to Prevent Wrongful Termination
Employers can protect themselves from wrongful termination claims by:
- Having clear termination policies and procedures.
- Documenting all disciplinary actions and performance issues.
- Providing proper training on employment laws.
Employees can protect themselves by:
- Understanding their employment rights.
- Keeping records of workplace incidents.
- Seeking legal advice when facing unfair treatment.
Conclusion
Wrongful termination can have serious financial and emotional consequences but knowing your rights can help you take action. If you believe you were wrongfully fired, consult an attorney and explore your legal options. Understanding wrongful termination laws can empower employees to stand up against unfair treatment in the workplace.