Did you know that one in five US workers has been wrongfully terminated, according to the Center for American Progress? Losing your job is never easy, but it’s even worse if you suspect you were fired unfairly. When it comes to the success rate of wrongful termination claims, it is estimated that 5% to 25% or 40% of wrongful termination claims were successful, awarding between $5,000 and $80,000 in compensation.
A Sacramento wrongful termination lawyer says that there are several laws that can protect an employee from being wrongfully terminated, including the Occupational Safety and Health Act (OSHA), the Immigration Reform and Control Act, and violations of public policy. When they report safety violations, employees are protected from retaliation.
But how will you know if you’re wrongfully terminated? And what can you do against your employer?
Understanding Wrongful Termination
To determine wrongful termination, you must know its legal concepts. Employers who fire workers for violating federal or state laws are guilty of wrongful termination. Not all employment terminations are improper; but if the termination violates legal restrictions, employees have grounds to file a case.
According to employment lawyer Rodney Yadidi, the concept of at-will employment is central to wrongful termination lawsuits because, in most states, at-will employees can be fired for any legal cause. When termination violates anti-discrimination, labor, or public policy legislation, exceptions apply.
Understanding documentation is important too. Keeping records of discriminatory comments, poor treatment, or sudden workplace behavior changes may help prove wrongful termination.
By understanding these legal concepts, you can determine if your firing was unjust and take action.
Signs of Wrongful Termination
If you suspect you have been wrongfully terminated, pay attention to certain signs that may indicate such misconduct by your employer.
- One sign to look out for is if you were let go for reasons that violate company policy or labor laws. For example, if you were fired for reporting harassment or discrimination, that could be a red flag.
- Another indication of wrongful termination is if you were dismissed shortly after making a complaint about unethical behavior within the company. Sudden termination without any prior performance issues or warnings could also point to wrongful termination.
- If your employer can’t provide a valid reason for your dismissal or if the explanation given seems vague or inconsistent, it might be worth investigating further.
- Being fired for exercising your legal rights, such as taking medical leave or serving on a jury, is another sign of potential wrongful termination.
Keep these signs in mind if you suspect you have been unfairly let go of your job.
Legal Protections for Employees
Employees are entitled to legal protections that safeguard their rights in the workplace. These protections are necessary in ensuring fair treatment and preventing wrongful termination. One key protection is the right to work in a safe environment free from discrimination, harassment, and retaliation.
Federal laws such as the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) prohibit discrimination based on characteristics like race, gender, disability, and age.
The Family and Medical Leave Act (FMLA) provides eligible employees with job-protected leave for medical and family reasons. The National Labor Relations Act’s freedom to organize and participate in coordinated efforts for mutual aid and protection is also important. This law protects workers’ rights to unionize, bargain, and resolve workplace difficulties.
Understanding these legal protections can help you establish your rights and seek remedies if you were unlawfully fired.
Steps to Take If Wrongfully Terminated
Knowing what to do after wrongful termination can help you get justice and protect your working rights. To determine if your termination violated any laws or agreements, review your employment contract, employee handbook, and company policies. Document performance reports, emails, and witness testimony carefully.
Consult a wrongful termination attorney. Your attorney can advise you on legal rights and remedies for wrongful termination. Filing a complaint with the Equal Employment Opportunity Commission (EEOC) or relevant state agency may help resolve your case.
Be proactive and document all termination and resolution discussions with your employer. These steps can help you seek justice and wrongful termination remedies.
Seeking Justice and Remedies
Making a claim for wrongful termination can be difficult but rewarding. Having a skilled wrongful termination attorney is essential to knowing your rights and handling the legal process. If the issue is not resolved after your discussion with your employer, your lawyer can help you file a report with the EEOC or other state agency. Before suing, this is often required.
A successful wrongful termination case can result in reinstatement, back pay, front pay, compensatory damages, and punitive damages. Having the right legal representation is essential in building a strong case.
Conclusion
Know your rights and take action if you were unlawfully fired. Remember that you deserve fair workplace treatment, and there are services to help you cope. Always seek help and advocate for yourself if you believe you have been wrongfully terminated.
