No one expects to be let go from a job without warning, but what happens when you believe your termination was unlawful?
No one expects to be let go from a job without warning, but what happens when you believe your termination was unlawful? Not every firing is considered wrongful, and understanding the distinctions is crucial to knowing your rights. In some cases, terminations stem from discriminatory actions or violations of legal protections. If you think you’ve been wrongfully terminated, it’s essential to understand what constitutes an unlawful dismissal and how you can protect yourself.
What is Wrongful Termination?
Wrongful termination occurs when an employee is fired for illegal reasons, such as discrimination, retaliation, or violations of specific employee rights. While employees generally work at will—meaning they can be terminated for any reason or no reason at all—there are exceptions. When a termination violates federal, state, or local laws, it qualifies as wrongful.
Types of Discrimination Leading to Wrongful Termination
Discriminatory firing occurs when an employer terminates an employee based on characteristics protected by law. These include race, gender, age, religion, disability, and sexual orientation. Several federal laws protect against discrimination in the workplace:
If you're terminated for any of these protected reasons, it may be considered wrongful termination.
Violations of Family and Medical Leave Act (FMLA)
Another frequent cause of wrongful termination is retaliation related to the Family and Medical Leave Act (FMLA). FMLA provides eligible employees with up to 12 weeks of unpaid leave for medical conditions, to care for a family member, or for the birth or adoption of a child. Employees are protected from termination or retaliation while on this leave.
For example, if an employee returns from maternity leave and discovers they’ve been demoted or fired, it could constitute a violation of FMLA protections. Employers cannot fire employees because they took FMLA leave or to punish them for using it.
Retaliation and Whistleblower Protections
Retaliation occurs when an employer fires an employee for engaging in legally protected actions, such as filing a complaint or reporting illegal activities. If an employee is dismissed for reporting discrimination, unsafe practices, or ethical violations within the company, this may qualify as wrongful termination under whistleblower protection laws.
Employees who engage in protected activities like reporting safety hazards or participating in investigations are shielded from retaliation. Firing someone for these actions can lead to legal repercussions for the employer.
Signs of Wrongful Termination
While not all unfair dismissals are wrongful, there are common signs that may indicate unlawful termination:
What to Do If You Suspect Wrongful Termination
If you believe you’ve been wrongfully terminated, documentation is critical. Keep copies of emails, performance reviews, meeting notes, or any written communication that might help prove discrimination or retaliation. It’s also essential to review your employee handbook or employment contract to check for any violations of company policies.
You may also want to file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s labor board, especially if you suspect discrimination or retaliation. Consulting with an employment lawyer will help you assess your legal standing and explore potential recourse.
Conclusion
Not every firing is wrongful, but when it involves unlawful actions like discrimination, retaliation, or violations of rights like those provided by the FMLA, employees may have grounds for a legal claim. If you suspect your termination is unjust, it’s important to gather documentation and seek legal counsel to ensure your rights are protected. Understanding the laws that shield employees from wrongful termination is crucial in advocating for yourself and taking the necessary steps to hold employers accountable.
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