Being terminated from your job can be a stressful and emotional experience, but if you believe your termination was unjust, you may have grounds for a wrongful termination claim. While most terminations are legal, there are instances where an employer may fire an employee for reasons that are illegal or discriminatory. If you find yourself in this situation, it’s important to understand your rights and the steps you can take to protect them.
What Is Wrongful Termination?
Wrongful termination refers to when an employer fires an employee in violation of federal, state, or local employment laws, or in breach of a contract. It can occur for several reasons, some of which may not be immediately obvious. Here are some common scenarios where wrongful termination may apply:
- Discrimination: An employee cannot be terminated based on their race, age, gender, religion, national origin, sexual orientation, or other protected characteristics. If you were terminated after revealing that you are part of a protected class, you may have a wrongful termination claim.
- Retaliation: If you were fired for asserting your rights—such as requesting medical leave, reporting discrimination, or filing a workers’ compensation claim—your termination could be considered retaliatory and therefore unlawful.
- Violation of Public Policy: In some states, it’s illegal for employers to fire employees for reasons that violate public policy. For example, firing an employee for refusing to break the law, participating in jury duty, or reporting illegal activities in the workplace can be considered wrongful termination.
- Breach of Contract: If you have an employment contract that guarantees job security or a specific cause for termination, and you were fired without meeting those terms, you might have a wrongful termination case based on breach of contract.
- Failure to Follow Company Policy: If your employer has specific procedures in place for terminating employees (such as a performance review or disciplinary process), and they fail to follow these procedures when firing you, this could be grounds for a wrongful termination claim.
How to Recognize If You’ve Been Wrongfully Terminated
Recognizing that your termination may be unlawful is the first step toward pursuing a claim. Here are a few signs that your termination may be wrongful:
- Inconsistent Reasons for Termination: If your employer has given inconsistent reasons for your termination, or if the reasons seem to change over time, this could indicate that there’s a cover-up for an illegal reason.
- Suspicious Timing: If you were terminated shortly after asserting your rights—such as requesting medical leave, reporting discrimination, or filing a complaint about workplace safety—this could be a sign of retaliation.
- Discriminatory Comments: If your employer has made discriminatory remarks related to your race, gender, or another protected characteristic, and your termination follows soon after, this could point to a wrongful termination claim.
- Failure to Follow Company Policy: If your employer didn’t follow their own internal procedures for handling terminations or didn’t provide adequate documentation to support their decision, this could be a violation of your rights.
Steps to Take If You’ve Been Wrongfully Terminated
If you believe you’ve been wrongfully terminated, there are several important steps you should take:
- Document Everything: Keep a record of all interactions, meetings, emails, and documents related to your termination. This will help you build a strong case for wrongful termination.
- Review Your Employment Contract: If you have an employment contract or agreement, review the terms regarding termination to ensure that your firing violated any contractual terms.
- **Consult with a Wrongful Termination Lawyer: An experienced wrongful termination lawyer can help you understand your legal options, assess your case, and guide you through the process of filing a claim.
- File a Complaint with the EEOC or State Agency: If your termination was based on discrimination, retaliation, or another illegal reason, you may be able to file a complaint with the Equal Employment Opportunity Commission (EEOC) or a state agency. A lawyer can help you navigate this process.
- Seek Legal Action: If necessary, a lawyer can help you file a lawsuit against your employer for wrongful termination. In many cases, employees are entitled to compensation, such as lost wages, benefits, and emotional distress damages.
Why You Need a Wrongful Termination Lawyer
Dealing with a wrongful termination claim can be complex, and having the guidance of a skilled wrongful termination lawyer is crucial to ensure that your case is handled properly. An experienced lawyer can:
- Review the details of your termination to determine if your rights have been violated.
- Help you gather evidence and documentation to support your claim.
- Negotiate with your employer or their legal team on your behalf.
- Represent you in court if necessary.
At Martoccio Law Group, we have extensive experience representing employees in wrongful termination cases. If you believe your termination was unjust, don’t hesitate to contact us for a free consultation. We’re here to help you fight for the justice you deserve.
