Did you know that the “at-will” doctrine applies to all U.S. states except Montana, according to Usa.gov?
According to wrongful termination lawyer Christopher J. Canlas, under the “at-will employment law,” either the employee or the employer can end the working relationship at any time, with or without notice. Many people think this means that employers can fire workers for any reason, but that’s not true. Employers can’t fire workers for illegal reasons. When they fire someone, they can’t be unfair.
Most employers who fire workers for discrimination on purpose use at-will employment as a legal shield. Some employers even fake performance reports to make your evaluation look bad and use this as a reason to let you go. This is a clear sign of discrimination and a case of wrongful termination.
If you know your rights, you will have a better way to protect yourself as an employee and learn what actions to take if you suspect a wrongful termination.
Understanding Wrongful Termination: Definitions and Types
Losing your job can be very stressful and confusing if you believe that your termination was unfair or illegal. That is why it is important to know about wrongful termination and what types exist.
A Sacramento wrongful termination lawyer explains that if you are fired because of your race, gender, or age, then retaliation is when you are fired for reporting illegal activities. If you are fired for violating an employment contract, that is a breach of contract. These illegal reasons violate the employee’s rights.
The violation of public policy exists when you get fired for performing an act protected by law, such as attending jury duty.
Knowing the definition will let you know if your termination was wrongful and will empower you to do right by it. These distinctions are important concerning the protection of your rights.
Signs That Your Termination May Be Wrongful
How do you know it was a wrongful termination? Look out for particular signs that could point to unfair treatment.
Red flags include termination that followed a harassment or discrimination report. The same applies to being fired for taking medical leave or requesting disability accommodations.
Another one could be performance reviews that changed so drastically for no apparent reason, or if someone else started doing your work just a few days before your termination.
If you see the company has been firing other employees who share a protected characteristic, this is another sign that your termination was wrongful.
Legal Protections Against Wrongful Termination
In a suspected wrongful termination of employment, it is important to know your rights. There are laws that will prohibit the termination of an employee for discrimination by race, sex, age, or disability.
The major federal laws involving the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act provide an option to address unlawful action. Many states, similarly, have such laws that serve as additional safeguards.
Employers cannot retaliate against either whistleblowers or employees taking an FMLA leave based on the circumstances. After going through some of the laws, you will be able to assess whether your termination was legal in the eyes of the law.
If you think your rights were violated, consult a lawyer for advice.
Steps to Take if You Believe You Were Wrongfully Terminated
Suppose you consider that you have been wrongfully discharged; it is better to act immediately for the preservation of your rights.
- Relevant documents are to be compiled; such documents would be the contract of service, evaluation of performance, and correspondence regarding the discharge. Write down everything you think is of any significance concerning the dismissal, including dates, times, and witnesses.
- Look through the employee handbook to understand what the company policy says about terminations and grievances. You may want to confer with a few trusted employees to get their take on their experiences.
- If you feel it is appropriate, you may file a formal complaint internally with the human resources department while making sure that you state all your issues comprehensively and professionally.
Keep copies of every document related to any communication about your termination. This would give you a good basis from the analysis stage through to the next steps in your situation.
Seeking Legal Advice and Support
An experienced employment attorney will explain the details of your case. They will review the case to see what rights you have and if you have a strong claim.
All documents pertaining to your employment should be gathered, including contracts, performance reviews, emails, and letters regarding your termination. These are all useful in building your case.
Most attorneys offer an initial consultation free of charge, so there is no harm in finding a lawyer to begin the process. They might even give you advice on whether mediation would be worth it or if suing your employer is a better option.
