There may be times in your career when you are terminated from your position. Also known as being fired, termination of your job must follow a proper process as per state and federal laws, as well as your employer's termination policies.
Wrongful termination is what happens when an employer does not follow the laws or policies for ending employment. Essentially, it is an illegal move, and if you were wrongfully discharged, you may have an avenue to legal recourse.
Wrongful termination is when an employer fires an employee for illegal reasons. If it involves discrimination, violates federal or state labor laws, you were fired due to reporting harassment, refused to participate in harassment, you reported illegal acts or safety violations, or you refused to engage in illegal or unsafe actions, then you have been wrongfully terminated. Wrongful termination would also apply if your employer fired you but did not follow their termination policies.
While many employers follow the laws and the policies they have set for job termination, many do not. Here are the most common reasons that wrongful termination occurs:
Firing an employee based on discrimination is a violation of federal and state labor laws. Employers cannot fire an employee based on their age, race, gender, disability, religion, or sexual orientation.
Employers can’t fire their employees to retaliate against certain behaviors. If you reported discrimination, harassment, or any safety violations, the law protects you from making these reports. Firing you because you have reported these instances is wrongful termination. Additionally, if you are granted legally protected leave, your company can’t fire you.
Do you have a contract that guarantees specific terms such as length of employment or severance pay? When your employer terminates you under these terms, they are violating the contract.
If you are asked to perform an illegal action and refuse, your employer can’t use that as justification to fire you. Similarly, if you are fulfilling a legal duty, like serving jury duty, it would be wrongful termination to fire you. Taking family leave is a granted right, and employers are forbidden from terminating their employees for it.
It can be incredibly upsetting and stressful to be terminated from a job. However, knowing whether your termination was lawful or wrongful is important for understanding your rights.
You might be worried if you did not have a written contract, though it is a myth that only those who have these contracts are protected. The fact remains that legal protections apply to every employee, protecting them from wrongful termination.
Similarly, many workers are under the false impression that discrimination is the only basis for filing a wrongful termination claim. There are many scenarios that could result in wrongful termination an employee, such as retaliation or contract violations.
Contrary to popular belief, if you quit or resign because your workplace was a hostile or retaliatory environment, you still have the right to sue. While being fired may feel unfair, it isn’t always unlawful, and the best way to determine if you have a case is by speaking with an employment law lawyer in Dallas to decide on the next steps.
If you were fired for any of the reasons that violate state or federal laws, or were not conducted in accordance with your company’s termination policies, you may have a case. These steps can help you proceed with a wrongful termination lawsuit:
First, you should make sure that your firing was a wrongful termination. In order to do so, you should understand the protections that are guaranteed to you. For example, the Americans with Disabilities Act (ADA) protects workers with disabilities from discrimination and dismissal while the EEOC upholds laws against harassment, bias, or retaliation.
You are also guaranteed job protection during qualified medical leave or family leave periods, and you are protected by OSHA when you report safety hazards or violations. If you were fired for any of these reasons, you will want to proceed to the next steps.
While you can claim wrongful discrimination, having evidence and documentation is the key to a more favorable outcome. You should compile any emails or text messages that prove discrimination, retaliation, or contract violations. For example, if you reported harassment from a coworker to HR, you should submit these items as part of your evidence.
Perhaps you have glowing performance evaluations that can also show there was no reason for your termination. Any paperwork or paper trail that you have regarding your employment and the particular issue could be useful in building your case.
You will want to file a report with the proper agency to help address these wrongful termination issues. It will depend on your circumstances, though you may want to contact the Equal Employment Opportunity Commission or the Occupational Safety and Health Administration. Once you file a report, the agency will investigate and may seek a resolution through a settlement.
Even before you file a claim with any relevant agency for your wrongful termination, it is best to speak with an attorney who represents those who have been wrongfully terminated. It is never a good feeling to lose a job; however, not every job termination is wrongful or unlawful. Therefore, speaking with a lawyer will provide clarity and allow you to determine if it was indeed wrongful while determining the next steps.
Most attorneys offer a free initial consultation where they will review your contract, the employee policy handbook, termination letter, and any other documentation. It’s worth having a lawyer take a look to see if you have a valid case of wrongful termination.
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