When a worker is fired from their job for either no particular or an unfair reason, that does not pertain to their workplace performance, that is considered wrongful termination. Some reasoning may be because of your age, gender, medical conditions, or race. If you are wrongfully fired, you may proceed with legal actions. It may be difficult to prove wrongful termination, especially if your employer did not specifically provide a reasoning for your termination. However, you can still file a suit against your employer if you believe there was a bias against you. Employers are able to terminate you without providing reasoning if you are employed in an at-will state.
Employees are protected from being fired or harassed due to their race by strict laws. Unfortunately, racial discrimination is a regular form of wrongful termination, and difficult to prove. However, often witness testimony allows for cases to be settled. Additionally, you can report unfair and double standard treatment; in other words, you may be punished for something another employee, of a different race would have gotten away with. Furthermore, if your employer ever used hateful rhetoric or made a harmful comment, you can bring these as evidence in court.
Being forced to quit because of racism is another form of wrongful termination, and your employer is still at fault. The employer has a responsibility to ensure a safe and comfortable working environment for everyone, regardless of race.
The Age Discrimination in Employment Act protects employees over 40 from being discriminated and fired based on their age. There are also laws set in place, in some states, that protect employees under a certain age. However, it is important to keep in mind that employers usually discriminate against older employees. It is common for people to disregard age discrimination and not take it as seriously as other cases of wrongful termination. Many believe age discrimination is not a thing, but unfortunately it is.
Americans with Disabilities Act and the Rehabilitation Act protect individuals with disabilities from facing wrongful termination and maltreatment. The most obvious form of discrimination is treating employees with disabilities differently. Here are a few variations of disability discrimination. Some examples of discrimination include: refusing to give days off or making the employee perform tasks that cannot be safely performed; and making the workplace too difficult for the disabled.
An example of gender discrimination is being treated unfairly based on your gender, not getting the same pay or benefits. Women also face pregnancy discrimination, which they can sue their employers for. Sometimes, pregnancy discrimination cases are treated as disability cases.
Preparing for a wrongful termination case
It is important to always report maltreatment in the workplace, which you can do with human resources. You may also file an official complaint with the Equal Employment Opportunity
Commission. This can help with future cases. Make sure you have your finances in check before filing a case because they can often take a long time.
Finding a wrongful termination lawyer
You must meet with an employment attorney. There are two possible outcomes: receiving a settlement for being wrongfully terminated or have your employer overturn their decision so that you can go back to work. It is important that you have a clear and understanding conversation with your attorney before proceeding.