What To Know About Wrongful Termination
A young woman sits in front of a laptop on a desk with her head in her hands.Wrongful termination can happen for a number of reasons: retaliation, discrimination, economic reasons, because the employer doesn't like the employee, or for no reason at all. If you've ever been wrongfully fired from your job, you can protect yourself in a few ways, including getting advice from a dedicated, experienced employment law attorney through our Legal Protection Subscription Plans for Individuals & Families. For just $29.95 per month, you can get legal help for any workplace issues - or any other personal legal issues - you may be having, at no additional cost. Learn more about all the benefits of membership and read on for information about wrongful termination.
When employees are fired in violation of state or federal laws, it is called wrongful termination. Most commonly, wrongful termination happens due to discrimination for gender, sexual orientation, race, religion, age, or disability, but also happens as punishment for employees "blowing the whistle" by filing a complaint or testifying against the company in a lawsuit. An example would be an employee getting fired after filing a sexual harassment claim.
There are two types of wrongful termination: Discharge In Violation of Public Policy and Discharge in Violation of Employment Agreement. If an employee were fired after refusing to commit an illegal act, such as committing fraud or ignoring safety regulations, that would be a wrongful termination in violation of public policy. If an employee is fired and they have a written employment contract stating they must be fired for cause, that is an example of Discharge in Violation of Employment Agreement. Additionally, some states protect workers' jobs by mandating that they cannot be fired for jury service. If you are promised a severance upon discharge and do not receive the money - or the full amount stated in the contract - this is also considered a breach of contract.
Employees who are wrongfully terminated have rights and can file suit against their former employer, may be entitled to receive back pay or wages that would have been earned if the employer had not fired them, and may be awarded punitive damages, as well.
If you've been wrongfully terminated, it is important to consult with an employment attorney as soon as possible. Your attorney will be able to give you advice based on your specific situation and develop a plan of action. Your attorney may even be able to help you negotiate a severance package. Gather all documentation to support your case, including performance reviews, communications (texts, emails, letters, messages, memos, etc). It is important to collect and preserve these documents on your end as soon as possible as your employer may destroy them once a claim is filed.
You should also understand the laws of wrongful termination where you live, as states have varying statutes of limitation on wrongful termination cases. You should also document the company's procedures and policies on termination, as they may have violated their own policies when they fired you. Additionally, some companies put it in their policies that wrongful termination cases must go through arbitration or appeals before a lawsuit can be filed.
In cases like these, your very best defense is to contact and consult with an experienced employment attorney as soon as possible. Your attorney will be able to give you more information on the type and kind of documents and evidence to preserve - particularly if you haven't been fired yet but believe that you will be soon - and tell you whether or not you have a valid claim and what kind of damages you may be entitled to, as well as giving you advice on navigating the entire process while protecting your rights.
The most important thing to remember is to not sign any documents or make any agreements until you've talked with your attorney, as these may be offers of severance that also waive your right to a lawsuit. Additionally, you should not post about the case or your job on social media or web sites as your employer will be able to use those posts in court. Finally, avoid speaking to anyone associated with the company without your attorney present. Let them know that all communication should go through your attorney.
Getting fired is generally stressful and can be emotional, and it is more so when you are terminated wrongfully. These kinds of cases can be hard to prove, but with the help of an experienced, dedicated lawyer from our network of law firms throughout the US, Canada, and the UK, you will increase your chances of proving your case and getting justice. Your attorney will be able to assist you in collecting strong evidence, navigating the process, and giving you advice throughout the process. Learn more about the benefits of subscribing to our Legal Protection Plans for Individuals & Families, or sign up now!
