We often hear about people getting fired from their jobs. Unfortunately, not all of these terminations are done fairly by the employers. Since wrongful employment cessation can disbalance employees’ financial and emotional stability, the government has created specific rules to protect workers’ rights.
Having familiarity with those legal terms regarding wrongful termination, you can claim your compensation in court. Let’s go through some of the most common types of wrongful firing lawsuits and how they can protect you from unlawful practices by your employer.
Discrimination Lawsuits
No matter how modern our workplaces have become, discrimination based on race, color, community, and others is still a major concern. Sometimes, the extent of these vices becomes so wide that it may result in major consequences like the unlawful termination of an employee based on his individuality.
If you believe you have been wrongfully terminated due to discrimination, you have the right to take legal action. Consider reporting the discrimination to the Equal Employment Opportunity Commission (EEOC) or the local Fair Employment Practices Agency (FEPA) if applicable. You may need to file a charge of discrimination within a specific time frame. Also, you must document any evidence of discrimination to prove your point legally. Time limits and specific procedures apply, so seeking legal counsel promptly is essential.
Refused to participate in harassment
According to the U.S. Equal Employment Opportunity Commission, in the years 2018 to 2021, among the 27,291 allegations of sexual harassment, 43.5% were accompanied by retaliation at the same time.
That’s a big reason that many try to stay quiet about their harassment experiences. However, if you are experiencing any kind of sexual or behavioural harassment, you can voice it up freely since there are rules in place to protect you in case of retaliation.
Employees can report harassment to the EEOC, local Fair Employment Practices Agencies, or the Equal Employment Office (EEO) at their federal agency.
Breaching FMLA for workers and employers
According to the worker’s law, it’s your right to take extended leave based on your sickness or when you need to take care of your family.
However, if your termination was in action only because of this reason, you have the right to defend yourself. Employees can file a false termination lawsuit against such actions, seeking remedies for lost wages, job reinstatement, and other damages as provided under the FMLA regulations enforcing job protection during qualified medical absences.
Retaliation for Protected Activities
Voicing up against the unlawful practices of your employer can bring repercussions like termination. Fortunately, you are protected by the law if such scenarios occur.
If you believe you were fired for raising concerns about your employer’s legal practices or your rights, you can file a whistleblower complaint with OSHA. This complaint details the issue you raised, your employer’s awareness, the firing, and why you think it’s connected. There’s a deadline to file, usually 30-180 days after you were fired. Don’t file anonymously – OSHA will share it with your employer. It’s wise to talk to a lawyer first and keep good records of everything related to the situation.
Constructive Discharge
Constructive discharge happens when your boss makes working conditions unbearable, forcing you to quit the job. In wrongful termination lawsuits based on constructive discharge, you can claim that you had no other choice but to quit due to hostile work environments, discrimination, harassment, or retaliation.
The case will be focused on the fact that despite not being directly fired, the resignation was essentially driven by the employer’s actions. To succeed in these cases, you must be able to demonstrate that the conditions were so severe or pervasive that a reasonable person in their position would feel compelled to resign. Successful claims may result in remedies similar to traditional wrongful termination cases.
Breach of Contract
Contracts are there to ensure that the employer-employee relationship is clear, with terms given from both ends.
If you have an employment contract, it sets the rules for your dismissal. Being fired without following those procedures or for a reason not outlined in the agreement could be wrongful termination. Here, you can sue your employer for a breach of contract, arguing the company failed to uphold its end of the deal. Winning means you could be compensated for lost wages, benefits, and other damages you suffered due to the improper termination.
Other Factors to Know about Wrongful Termination Lawsuits
Check some factors that you need to know when fighting legally against a wrongful termination:
- The Burden of Proof: You (the employee) must prove the termination was wrongful.
- Documentation: to strengthen your claims, you need to collect and present clear evidence (emails, recordings, witness statements) of the wrongful acts
- Damages: You can seek compensation not just for lost wages but also for emotional distress.
- Time Limits: Strict deadlines exist to file a lawsuit; thus, taking action at the earliest is critical.
- Hire a Lawyer: Wrongful termination can be complex due to the various legal terms involved. To ease your case and raise the chances of a win, you might need to consult a wrongful termination attorney.
Final Thoughts: How Can We Help?
Understanding your rights, you can confidently claim compensation for your wrongful employment termination. Under the reason for your wrongful termination and accordingly, report or file the case to the relevant authorities.
If you are still unsure and need experts’ guidance regarding your scenario, you can consult with our experienced attorneys at Accident Defenders.