Wrongful termination laws were developed to protect employees’ rights in the last century. They make it more challenging for companies to fire workers without due process.
However, this legal area is complex due to the need to balance individual and company interests.
Fortunately, this guide is here to help. It explains wrongful termination laws, signs your employer may have wrongfully terminated you, and how wrongful termination lawyers can help. By the end, you will have a better understanding of where you stand under the law.
Understanding Wrongful Termination Laws
US law clearly defines “wrongful termination.” It’s written in various statutes and acts of Congress.
For example, federal laws like Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination Act (ADEA) protect you against being fired based on “protected characteristics” including your:
- Gender
- Race
- National origin
- Disability
- Age
- Color
Furthermore, additional laws, like the Family and Medical Leave Act (FMLA) prevent you from being fired for using your “leave” or your contracted time off work.
Laws in individual states can vary, with some offering additional protection against wrongful termination. For example, most states forbid firing someone because they refused to perform an illegal task.
Furthermore, some states insist on “for cause” employment contracts that list legitimate reasons for firing employees. These clauses protect people from losing their jobs on the whim of managers.
Signs You May Have Been Wrongfully Terminated
Of course, knowing whether you have been wrongfully terminated is challenging. Most employers know the laws and will look for ways around them if they want to get rid of you. Therefore, look out for the following signs of wrongful termination:
Discrimination
The most obvious sign of wrongful termination is discrimination. Employers may fire you based on a protected characteristic.
Usually, you know this has happened if colleagues unfairly treat you before your dismissal. You might be the target of bullying, jokes, racist slurs, etc.
Retaliation
Retaliation is another sign of wrongful termination, something employers cannot do under federal law.
Signs your employer is retaliating against you include:
- Receiving your notice after reporting unethical behavior
- Being a part of an investigation and later being fired
- Exercising your legal rights in a difficult situation
Contract Violations
Companies may also wrongfully terminate you over contract violations. For example, they may:
- Ask you to perform duties not stated in your contract and then proceed to fire you
- Fire you without warning, despite a clause protecting you in your contract
Knowing whether contract violations took place is challenging, so it is always best to work with an attorney. The fine print can often mean the difference between a successful case, and one that fails.
Fired Without Warning
Being fired without warning is another sign of wrongful termination. Sometimes, companies will look to remove you quickly if they feel you pose a threat.
Isolated From Team Activities
Finally, being isolated from team activities after making a complaint and being fired is another sign of wrongful termination. Companies shouldn’t retaliate or exclude you in this manner.
How Wrongful Termination Lawyers Can Help
Because of legal complexities, wrongful termination is a challenging area to navigate. Therefore, working with a qualified lawyer or attorney with expertise in this area is essential.
Lawyers start by evaluating your case. Their initial investigation seeks to determine whether your employer violated federal or state laws, employment contracts, or public policy.
The next step involves gathering evidence. Attorneys collect paperwork to help make sense of events and provide evidence to tribunals and courts (if necessary). For example, they may ask for employment contracts, emails, texts, written warnings, performance evaluations, witness statements, and so on. These pieces of evidence can be persuasive in court when they paint a picture of discrimination, retaliation, or breach of contract.
Collecting this evidence as early as possible (including while still employed) can help your case. If you have any documents, materials, emails, or anything else, pass them to your attorney and let them decide how to leverage them.
Once you are ready, you can file your complaint. Most lawyers will attempt to negotiate a settlement with your employers and ask for a severance package to secure compensation for lost wages and emotional distress. Courts can sometimes apply high penalties on companies that don’t obey the law so these settlements can be sizable.
If negotiations fail but your lawyer still believes you have a strong case, they will represent you in court. During proceedings, attorneys present your evidence to the judge and courtroom detailing your wrongful dismissal. Usually, courts will agree and provide you with damages proportional to your employer-induced losses.
Steps to Take if You Suspect Wrongful Termination
If you think you’ve been wrongfully terminated, act quickly to protect your rights and bring your employer to justice.
Here’s what to do:
1. Compose Yourself
Start by gathering your thoughts. While losing your job is a distressing experience, avoid the temptation to make direct accusations. Instead, take time to assess the situation.
2. Request A Termination Letter
Next, ask your employer for a written explanation of your firing. Paperwork often provides hidden clues and details that explain why they decided to let you go.
3. Document Everything
Create a file containing all your correspondence with your former employer. Keep a record of emails, texts, notes, letters, and other formal communications. Attorneys can put these together to create a case against those who fired you.
4. Consult With A Wrongful Termination Lawyer
When you have these basics in place, consult a wrongful termination lawyer. Get them to mull over the materials you’ve collected to see if there is a case against your former employer.
Don’t sign any agreements or termination documents without the oversight of an attorney (especially if you believe the firing was wrongful). Companies sometimes try to get you to sign severance agreements and waivers that aren’t in your interest.
If you require a wrongful termination lawyer, contact our team today. We’d love to help you.
