As stated in this section, there are many different types of workplace discrimination that you might face. One difficult example of workplace harassment is wrongful termination. Getting fired from a job altogether will affect your ability to support yourself and your family. If such drastic measures occur, you want to make sure that they are lawful and reasonable. If recently fired, you can learn more about wrongful termination here. See if you have a case. If you do have a case, we can help.
At Will vs. Contracted Employees
The first thing you must determine if you think you have a wrongful termination case is what type of employment you had. Many employees in the United States work “at will”. Employees are generally assumed to be at will employees unless they have a contract that says otherwise.
In this situation, an employer can fire an at will employee for any legal reason or for no reason at all. But, an at will employee still can’t face termination for an unlawful reason, such as discrimination based on their protected traits.
Contracted employees are a little different. They still can’t face termination for unlawful reasons, but there might be additional stipulations in their contracts. If you have a contract with your employer, make sure to read that contract to learn about the company’s firing policy. This information might also be available in your employee handbook.
If you find anything in your contract or the handbook that the employer violated, you could have a wrongful termination case.
Unlawful Reasons to Fire
It is illegal to fire someone out of discrimination. In other words, you can’t face termination because of your:
- Any other characteristic protected by law.
In addition, you can’t face termination for a reason that breaches your employment contract, as mentioned above. Other factors that constitute unlawful termination include:
- Firing someone as a form of sexual harassment.
- Retaliation because an employee complained about an employer.
- Violation of labor laws.
- Violation of employer policy.
- Differential treatment.
If you review your situation and think that you have an unlawful termination lawsuit on your hands, your next step is to contact a lawyer. A lawyer can review your situation and help you determine if you should file a lawsuit.
It is a good idea at this time to begin gathering evidence of your wrongful termination. A few examples of evidence include:
- Your contract or employee handbook.
- Your employee file.
- Performance reviews.
- Your discharge paperwork.
- The reasons that the employer gave for firing you.
- Colleagues who may have noticed that you were treated unfairly and can testify to this.
We can get started on your wrongful termination case today. Please contact my office for more information.