Understand Your Rights: Guide to Wrongful Termination Lawsuits

Losing a job is challenging, but when termination occurs under unlawful circumstances, it can be both emotionally and legally complex. Understanding your rights and the legal avenues available is crucial if you believe you've been wrongfully terminated.

Sydney Blunt

• 3 min read
Understand Your Rights: Guide to Wrongful Termination Lawsuits
Photo by Tingey Injury Law Firm / Unsplash
brown wooden tool on white surface
Photo by Tingey Injury Law Firm / Unsplash

Losing a job is challenging, but when termination occurs under unlawful circumstances, it can be both emotionally and legally complex. Understanding your rights and the legal avenues available is crucial if you believe you've been wrongfully terminated.

What Is Wrongful Termination?

In the United States, most employment is "at-will," meaning an employer can terminate an employee at any time for any reason, or for no reason at all. However, this principle is subject to significant exceptions. Wrongful termination occurs when an employer fires an employee in violation of federal, state, or local laws, or in breach of an employment contract.

Common Grounds for Wrongful Termination

1. Discrimination

Federal laws prohibit firing employees based on protected characteristics, including:

  • Race
  • Color
  • Religion
  • Sex (including pregnancy, sexual orientation, or gender identity)
  • National origin
  • Age (40 or older)
  • Disability
  • Genetic information

These protections are enforced by the Equal Employment Opportunity Commission (EEOC). If you believe your termination was due to any of these factors, you may have grounds for a wrongful termination claim. (USAGov)

2. Retaliation

It is illegal for employers to fire employees in retaliation for engaging in protected activities, such as:

  • Filing a complaint about workplace discrimination or harassment
  • Participating in an investigation or lawsuit regarding workplace discrimination
  • Reporting unsafe working conditions
  • Refusing to engage in illegal activities

Whistleblower protection laws safeguard employees from retaliation for reporting violations of laws or regulations. (districtlegalgroup.com)

3. Violation of Employment Contract

If you have a written, verbal, or implied contract that specifies the terms of your employment, including conditions under which you can be terminated, firing you in violation of these terms may constitute wrongful termination. For instance, if your contract states you can only be terminated for cause, and you are fired without cause, this could be a breach of contract. (Legal Information Institute)

4. Violation of Public Policy

Employers cannot fire employees for reasons that violate public policy. Examples include:

  • Firing an employee for refusing to commit an illegal act
  • Terminating an employee for taking time off to vote or serve on a jury
  • Dismissal for reporting legal violations or unsafe work conditions

These protections vary by state, but many have laws that prevent termination for reasons that contravene public policy. (districtlegalgroup.com)

5. Family and Medical Leave Act (FMLA) Violations

Under the FMLA, eligible employees are entitled to take up to 12 weeks of unpaid leave for certain family and medical reasons without the fear of losing their job. Firing an employee for taking FMLA leave is a violation of federal law. (Melmed Law Group P.C.)

Steps to Take If You Suspect Wrongful Termination

  1. Document EverythingKeep detailed records of your employment, including performance reviews, emails, and any communications related to your termination. This documentation can serve as crucial evidence.
  2. File a Complaint with the Appropriate Agency
    • Discrimination or Retaliation: File a charge with the EEOC.
    • Workplace Safety Violations: Contact the Occupational Safety and Health Administration (OSHA).
    • Family and Medical Leave Act Violations: Reach out to the U.S. Department of Labor.
  3. Consult with an Employment AttorneyAn attorney specializing in employment law can provide guidance tailored to your situation and help you understand your legal options.
  4. Consider Legal ActionIf the agency finds in your favor, you may be entitled to remedies such as reinstatement, back pay, or damages. In some cases, pursuing a lawsuit may be appropriate.

Federal employees have additional protections under civil service laws. They cannot be fired based on race, color, disability, national origin, pregnancy, religion, or age. Retaliation for complaints about unlawful actions is also prohibited. Federal employees have due process rights, including the right to appeal certain employment actions. (The Law Office of Justin Schnitzer)

Conclusion

Wrongful termination is a serious issue that can have significant personal and professional consequences. If you believe you have been wrongfully terminated, it's essential to understand your rights and take appropriate action promptly. By documenting your situation, filing the necessary complaints, and seeking legal counsel, you can protect your rights and pursue justice.

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