Have I Been Wrongfully Terminated?

 In Law

Have I Been Wrongfully Terminated?

If an employer fires someone for illegal reasons, i.e., violating anti-discrimination laws or one that constitutes a contractual breach, the termination may be considered wrongful. You may be entitled to back pay, statutory damages and any expenses incurred to find work. If you think you may have been wrongfully terminated, keep reading. 

At-Will Employment

In most cases, employees are at-will employees, and you can be fired for no cause. The only caveat is that you may not be fired for an illegal reason. While the termination may be unethical or “wrongful,” it should still be legal.

Breach of Contract

If a written employment contract was provided to you stating employment is for a specified period, and you are terminated prior to the end of the agreement, provided you are not in violation of any contract provisions, it could be considered wrongful termination.

The employee reasonably relies on the merits of the contract for continued employment. Additionally, courts consider a variety of factors when determining whether an implied contract exists:

  • Assurances an employee can rely on for continued employment
  • Existence of positive performance reviews
  • Job promotions
  • Length of the employment relationship
  • Violation of an employment procedure in terminating you

Discrimination

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, national origin, or sex; this law applies to employers with 15 or more employees. Other federal laws prohibit adverse action against an employee because they are pregnant, disabled, or over the age of 40.

While there is no federal law prohibiting discrimination against an employee based on their sexual orientation, anti-discrimination laws on the state or local level may protect individuals for these same reasons.

There are typically very limited statutes of limitations for discrimination lawsuits. If you’ve been discriminated against or wrongfully terminated, we suggest you contact us sooner rather than later. The attorneys at The Slaughter Law Firm will file the appropriate documents promptly to prevent the statute from running out.

Retaliation

If you filed a discrimination claim and were not terminated, and the employer fired you after you won your case, you may still be entitled to filing a claim under retaliation laws. Both federal, state, and local laws prohibit retaliation against employees who pursue a discrimination claim or cooperate/assist other employees who take similar actions.

Specific activity may be considered legally protected, including:

  • Going through the employment channels to file an official complaint
  • Making a report to an outside agency, such as the EEOC
  • Reporting illegal or unethical actions by an employer (whistle-blower)

If your former employer acted adversely due to your actions, you might have a retaliation case. However, not all states require that you be fired. Therefore, you may be entitled to bring forth a lawsuit if you were subjected to unreasonable conditions that caused you to leave your job.

Employment Law Violation Examples

Below are a few examples of wrongful terminations:

  • If you took FMLA to care for an immediate family member and were terminated
  • If you took specific time off per federal/state laws and were terminated
  • The employer violated employment rules of a union contract
  • You left to perform military service

The Slaughter Law Firm is highly experienced in litigating these types of cases. As Personal Injury and Employment Law specialists, we will represent you fairly to ensure the best outcome possible. We know the judges and we know the courts.

If you have been wrongfully terminated, contact The Slaughter Law Firm for a free, confidential consultation. Call us today at (423) 844-0560.