If you were fired because you applied for workers’ compensation, then you may have a wrongful termination claim. This is because you are protected under retaliation laws which make it illegal for an employer to retaliate if you have won a worker’s compensation claim.
Each of the 50 states has established at-will employment laws. What does this mean? It means employers can terminate a worker at any time and for any legally sound reason. On the other hand, employees can leave their jobs at any time, without giving their employers advanced notice.
A vast majority of American employees follow the at-will employment doctrine, which means either an employer or an employee has the right to terminate the employment relationship without cause in most situations. For example, an employer has the right to end the employment relationship if the employer needs to reduce payroll costs to stay financially afloat.
When you lose a job because of an act of wrongful termination, you may be eligible for compensation. If you are a victim of wrongful termination, you should follow a few steps to hold your employer accountable for breaking one or more state and/or federal employment laws.
Wrongful termination takes place when an employer fires an employee for an illegal reason. The following are the most common reasons you may have been a victim of wrongful termination:
If you signed an employment contract and your employer fired you without just cause, you might have a case of wrongful termination. Most employment contracts stipulate conditions when an employer and a contracted worker can end the employment relationship.
A wrongful termination claim may be filed in court when an employee believes that he or she was unlawfully fired. You will need to provide supporting documentation and evidence to back up your claim. When file a wrongful termination claim, you can ask to be compensated for your losses, such as lost wages, lost benefits, mental anguish, and so forth. You need to keep evidence showing your losses, so you can determine the value of your settlement.
Depending on your situation, your employer may have to accommodate you when your pregnancy affects your ability to do your job. This is because the Pregnancy Disability Act (PDA) protects pregnant employees from discrimination. The employee is required to act in a way that allows the pregnant employee to undertake work related tasks.
If your employer terminated you or laid you off indefinitely, you might have legal grounds to file a wrongful termination claim. Although most employment relationships are considered at will, your employer can violate a law that can lead to the filing of a wrongful termination lawsuit.
Most employment relationships are based on a legal principle called at-will employment. This type of employment relationship allows both employers and employees to end an employment relationship at any time and for any reason. For example, an employer can terminate a worker to save money on labor costs. On the other hand, an employee can quit a job without giving notice.
Employment discrimination is not always easy to prove but sometimes a plaintiff loses a case because they don’t have sufficient facts to support it. To win an employment discrimination lawsuit, you need to provide the facts and the law needs to be on your side. You need to be sure that the employment discrimination you have experienced is illegal and then gather all the evidence that supports your employment discrimination case.
