Were you wrongfully terminated as a result of discrimination? This post will help you navigate a plan of action in the event you are wrongfully fired by your employer. Our hope is that you come away with a better understanding of the law’s view of these situations and what your potential remedies are.
What Is Wrongful Termination?
Wrongful termination is when an employee has been fired from their job in a way that breaches their employment contract or breaks state or federal employment laws. The original federal act creating employment protections against discrimination is called the National Labor Relations Act of 1935.
The reasons that qualify under the “wrongful termination” category include firing an employee for any of the following reasons:
- Violation of an employment agreement
- Reporting harassment, illegal acts or safety violations
- Not participating in harassment, illegal acts or safety violations
- Not following company procedure for firing an employee
- Being a member of a protected class (see below)
- Being pregnant
- Joining a trade union
- Exercising your legal rights regarding wages, leave, or overtime
In a situation where you feel you were fired due to discrimination, the first thing you should do is file a report with the Equal Employment Opportunity Commission US EEOC. In order to preserve your right to sue, you must file a complaint with the EEOC within the time limits set by your state. After that, they will issue you a Right to Sue letter, which allows you to file a lawsuit against your former employer.
If you fail to do this by the deadline, your claim is barred forever, meaning you will never be able to sue your former employer for wrongful termination even if your claim is valid. After obtaining your right to sue letter, you can connect with an employment attorney who can help you to file a lawsuit.
What Is the EOCC?
The Equal Employment Opportunity Commission (EEOC) enforces discrimination laws that have been established in order to protect employees from being fired for reasons due to their age, gender, genetic information, national origin, race, religion or disability. These categories are called protected classes. Some states protect sexuality under their anti-discrimination laws as well. If you have been treated differently at your job or fired due to any of the protected categories above, you may have a claim for discrimination.
In order to be able to prove a claim of wrongful termination due to discrimination, however, you will have to gather evidence. Keep records of everything related to your firing, including conversations, email communications, and events.
Gathering Evidence
Evidence that can help your case includes:
- Any written explanation for the firing (you can request this)
- Witness testimony
- Proof of filing for unemployment benefits
- Any documentation related to the discrimination you experienced
If you were fired as a retaliatory act for reporting illegal conditions at work, you should file a report with the Occupational Safety and Health Administration (OSHA) and then get more information from an attorney about what your next steps should be by clicking here.
FAQs
Is wrongful termination the same thing as being fired unfairly? In short, no. Wrongful termination has to violate a law, contract or discriminate against a protected class. Losing your job for reasons due to things like bullying, favoritism or personality clashes are unfair but not illegal.
How does the attorney get paid? The attorneys at Siri & Glimstad work on these cases on a contingency fee basis, which means that they get paid out of a settlement only if they win money for you.
What makes a solid case in the event of being fired due to discrimination?
- Being fired for one of the reasons listed above that violates a law or employment contract
- Having good evidence that you were fired wrongfully
- Having suffered sufficient damages to create a good claim – usually in the form of lost wages
Have another Question?
Contact us today to have your case reviewed at no cost to you. If you know someone who is suffering discriminatory treatment at work or has been terminated for one of the reasons listed above, share this link with them. We have a team of knowledgeable and experienced attorneys waiting to help you! To have your case evaluated, please fill out this form at this link or call Class Action Jen (Jennifer Malainy) at 772-SUE-THEM.