By: Gregg Zeff
On: April 29, 2024
Our jobs are important to us in many ways. We rely on our income for just about every aspect of our lives: from paying bills to enjoying a night out with friends or family. So, when we lose a job, it can be a frightening and painful experience. Unfortunately, our employers have a lot of control over deciding whether or not we can keep our jobs, especially if we are considered at-will employees. If you were fired under suspicious or unfair circumstances, you may have experienced wrongful termination—and you may have legal grounds to take action.
What Constitutes Wrongful Termination?
Wrongful termination occurs when an employer fires an employee in violation of state or federal law, public policy, or the terms of an employment contract. This applies even if you’re an at-will employee, meaning your employer can terminate your position without cause.
Regardless of what kind of job you have, or how your employment contract characterizes your employment status, there are certain reasons that an employer can never use as a basis to terminate your employment, referred to as wrongful termination. Common examples of wrongful termination include:
- Discrimination based on race, gender, religion, age, disability, or sexual orientation
- In retaliation for reporting an workplace harassment, employer violations, or discrimination
- A disability that does not implicate your ability to perform your job duties
- Termination based on medical leave or the need for reasonable disability accommodations
- For a reason that is otherwise prohibited by an employment contract or by statute.
Talk to a Wrongful Termination Attorney
What Are The Signs Of Wrongful Termination?
Wrongful termination can be difficult to identify because most employers will try to cover up their bad motives with valid excuses for termination. For example, it is extremely unlikely that an employer is going to send out an email that unilaterally terminates all women from their jobs. Such an act would be unquestionably discriminatory and a violation of federal law. Instead, the employer would likely try to micromanage undesirable employees and nit-pick every task completed by the employee to make it appear that their work performance is subpar, thus validating termination. If you believe your work performance was acceptable and that your employer may have had an ulterior motive behind your termination, contact a wrongful termination attorney to discuss your legal options.
Can You Sue For Wrongful Termination?
Yes. You can sue your employer for wrongful termination if your firing violated your legal rights or breached the terms of your employment agreement. A wrongful termination attorney can walk you through the litigation process and help you get the compensation you deserve.
Here’s when a lawsuit may be appropriate:
- If you were fired shortly after filing a complaint about illegal conduct in your workplace
- If you were let go despite meeting your performance goals, especially after disclosing a disability or pregnancy
- If your employer violated state or federal laws regarding fair employment practices
In these cases, it’s important to speak with an employment lawyer who understands how to file a wrongful termination lawsuit and can guide you through the process.
Talk to a Wrongful Termination Lawyer
How To Prove Wrongful Termination?
An employer will almost always try to argue that your termination was for legitimate reasons. If you want to know how to prove wrongful termination, you’ll need to:
- Prove that the alleged reason for your termination is false. For example, if your employer claims you were fired for being habitually late, evidence of you arriving at work on time would discredit the employer’s reasons.
- Demonstrate inconsistent treatment compared to other employees
- If you believe you were dismissed for discriminatory reasons, proof of your employer using harassing language or making disparaging comments supports a wrongful termination claim.
- Finally, evidence that your employer failed to follow established written policies can also support a claim for wrongful termination.
Solid documentation will strengthen your case considerably.
Can an At-Will Employee Be Wrongfully Terminated?
Yes. Even if you’re employed “at-will,” your employer cannot fire you for illegal reasons, including discrimination, retaliation, or in violation of public policy.
“At-will” does not mean “without consequences.” If your termination was based on a protected factor, you still have rights.
Contact Zeff Law Firm If You Believe You Were Wrongfully Terminated
Zeff Law Firm works with individuals who have been wrongfully terminated from their job and can quickly evaluate your case to determine if you have a viable wrongful termination claim. Contact our experienced wrongful termination attorneys today to discuss your case and next steps.