Losing your job can leave you overwhelmed with questions and doubts, especially if you suspect the dismissal was unfair. Determining whether or not your termination was justified may seem daunting. Yet, it’s crucial to know for sure. Wrongful termination is against the law, so you may be entitled to compensation.
If you find yourself questioning whether or not your firing was legal, we can help. We’ll break down the key types of wrongful termination, such as discrimination, retaliation, and breach of contract. Additionally, we’ll provide you with clear steps on what to do next if you believe you’ve been treated unlawfully, including how to find the right wrongful termination attorney.
What Isn’t Considered Wrongful Termination?
Understanding what doesn’t count as an unlawful firing can help differentiate between legitimate and illegitimate terminations:
- Poor Performance: Being fired for not meeting the job’s performance standards.
- Company Downsizing: Losing your job due to the company needing to reduce its workforce.
- Violation of Company Policies: Being terminated for breaking company rules or policies.
- End of Contract: Not having your employment contract renewed when it naturally expires.
These are a few of the most common types of rightful termination. During a consultation, we can review the evidence to determine whether or not this is what happened in your situation.
What is Wrongful Termination?
There are many types of wrongful termination, and the exact grounds for them vary from state to state. However, in all situations, wrongful termination occurs when an employer fires an employee for illegal reasons. These reasons typically include discrimination, retaliation, or breach of contract.
Losing your job for such reasons is not only unfair — it’s illegal. This is because wrongful termination often involves violations of federal laws. Knowing your rights can help you fight back by hiring a wrongful termination lawyer to get the justice you deserve.
1. Discrimination-Based Termination
A discriminatory termination happens when an employer fires an employee based on a protected characteristic, such as:
- Race
- Gender
- Age
- Religion
- National origin
- Disability
- Sexual orientation
- And more
For example, a company may decide to let go of an older employee instead of a younger one. However, the older employee has higher performance review scores, a better attendance record, and more experience. This may be a case of age discrimination.
If you believe you were fired due to discrimination, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). It’s also wise to consult with a wrongful termination attorney to understand your rights and options. An experienced lawyer can guide you through the process and help you build a strong case.
2. Retaliation-Based Termination
Retaliation-based termination occurs when an employer fires an employee for engaging in legally protected activities. This could be because you reported safety issues at work or took part in an investigation against the company.
This type of termination is a way for employers to silence or punish employees who are trying to do the right thing. Standing up for your rights should never cost you your job.
Here are some examples of retaliation-based termination:
- Firing an employee for reporting sexual harassment.
- Terminating someone for blowing the proverbial whistle on illegal activities.
- Letting go of an employee who has filed a workers’ compensation claim.
If you suspect retaliation, report it to the Occupational Safety and Health Administration (OSHA) or the EEOC. A wrongful termination lawyer can provide further guidance on how to proceed.
Remember, you have the right to speak up without fear of losing your job.
3. Breach of Contract-Based Termination
A breach of contract occurs when an employer violates the terms of an employment contract. This can happen in written, oral, or implied agreements. Having a clear understanding of your contract terms is essential to protect yourself from wrongful termination.
In situations like this, knowing your rights and having the contract as evidence can be crucial in seeking justice. If you believe you were wrongfully terminated due to a breach of contract, review the contract’s terms carefully.
Consult with our wrongful termination attorney to assess your case and determine your next steps. They can help you understand your contract and the legal remedies available to you.
How to Report Wrongful Termination
There is a common procedure to handle your wrongful termination case. By taking it one step at a time, you can ensure you’re covering all bases, protecting your rights, and improving your chances of success. Here are the basics:
- Document Everything: Keep records of all communications and actions related to your termination. Documenting everything is crucial for building a strong wrongful termination claim.
- File a Complaint: Depending on the type of wrongful termination, file a complaint with the appropriate agency (EEOC, OSHA, etc.).
- Seek Legal Advice: Contact a wrongful termination lawyer to discuss your case and explore legal actions.
Seek Legal Counsel for Your Wrongful Termination Lawsuit
If you’ve faced one of the many types of wrongful termination, taking the right steps can help you achieve justice.
However, navigating these claims can be complex. That’s why a wrongful termination lawyer can be indispensable — helping you understand your rights, gather evidence, and represent you in legal proceedings. They can also assist in filing a wrongful termination lawsuit to seek compensation and justice.
If you suspect your termination was unlawful and need legal advice, get in touch with an employment attorney at Barrett & Farahany. Having an advocate on your side can make all the difference, and we strive to offer you unparalleled support every step of the way.
