Everything You Need to Know about Wrongful Termination

Losing your job can be a stressful and challenging experience, especially if you believe you were fired unfairly or without cause. Wrongful termination is a term used to describe when an employer fires an employee in violation of their legal rights. In this article, we will explore what constitutes wrongful termination, your legal rights as an employee, and why it’s essential to take action if you have been wrongfully terminated.

What is Wrongful Termination?

Wrongful termination occurs when an employer terminates an employee’s employment for an illegal reason, such as discrimination or retaliation. Some examples of illegal reasons for termination include:

• Discrimination based on race, gender, age, religion, or disability
• Retaliation for reporting illegal activity or discrimination
• Retaliation for taking a leave of absence for medical or family reasons
• Violation of an employment contract or company policy
• Termination in violation of public policy

It’s important to note that in most states, employment is considered “at-will,” meaning that either the employer or employee can terminate the employment relationship at any time, for any reason or no reason at all. However, there are some exceptions to this rule.

Your Legal Rights as an Employee

If you have been wrongfully terminated, you may have legal options to pursue. Here are some legal rights that you may have as an employee:

1. Protection from discrimination: Employers cannot discriminate against employees based on their race, color, religion, sex, national origin, age, or disability. If you believe you were terminated due to discrimination, you may have legal recourse under federal or state anti-discrimination laws.
2. Protection from retaliation: Employers cannot retaliate against employees for engaging in protected activities, such as reporting discrimination or illegal activity, or taking leave under the Family and Medical Leave Act (FMLA). If you believe you were terminated in retaliation for engaging in a protected activity, you may have legal recourse under federal or state anti-retaliation laws.
3. Protection under an employment contract: If you have an employment contract or collective bargaining agreement, your employer may only terminate your employment for reasons specified in the contract or agreement. If your employer terminates your employment in violation of the contract or agreement, you may have legal recourse to enforce your rights.
4. Protection under public policy: Some states recognize a public policy exception to the at-will employment doctrine, which means that employers cannot terminate employees for reasons that violate public policy. For example, an employer cannot terminate an employee for refusing to engage in illegal activity.

Why is it Important to Take Action?

If you have been wrongfully terminated, taking action is essential to protect your legal rights and hold your employer accountable. Here are some reasons why it’s important to take action:

1. Protect your financial well-being: Losing your job can have a significant impact on your financial well-being. Taking action to pursue legal remedies can help you recover lost wages, benefits, and other damages.
2. Protect your reputation: Wrongful termination can have a negative impact on your professional reputation. Pursuing legal action can help you clear your name and restore your reputation.
3. Hold your employer accountable: Wrongful termination is a violation of your legal rights as an employee. Pursuing legal action can hold your employer accountable for their actions and send a message that illegal and unethical behavior will not be tolerated.
4. Prevent future wrongful terminations: Pursuing legal action can also help prevent future wrongful terminations by sending a message to other employers that these actions will not be tolerated.

How to Take Action

If you believe you have been wrongfully terminated, it’s important to take action as soon as possible. Here are some steps you can take:

1. Document the circumstances of your termination, including any conversations or emails that may support your claim. Keep a record of any evidence that you believe may be relevant to your case.
2. Contact an employment lawyer to discuss your legal options. An experienced attorney can help you understand your legal rights, evaluate your case, and develop a strategy to pursue your claim.
3. File a complaint with the appropriate government agency, such as the Equal Employment Opportunity Commission (EEOC) or your state’s labor department. These agencies can investigate your claim and may be able to help you recover lost wages, benefits, and other damages.
4. Consider alternative dispute resolution methods, such as mediation or arbitration, to resolve your claim outside of court. These methods can be faster and less costly than traditional litigation, but they may not be appropriate in all cases.
5. Prepare for litigation, if necessary. If your claim cannot be resolved through alternative dispute resolution methods, you may need to file a lawsuit to protect your legal rights. An experienced employment lawyer can guide you through the litigation process and advocate for your interests in court.

Conclusion

Wrongful termination is a serious violation of your legal rights as an employee. If you believe you have been wrongfully terminated, it’s important to take action to protect your legal rights, recover damages, and hold your employer accountable. By documenting the circumstances of your termination, contacting an employment lawyer, and pursuing legal action, you can take steps to protect your financial well-being, your reputation, and your legal rights as an employee. If you believe you have been wrongfully terminated, don’t hesitate to take action today by contacting an experienced employment lawyer to discuss your legal options.