Employment laws passed at the state and federal levels protect employees from losing their jobs for unjust reasons. For example, your employer cannot fire you as an act of retaliation because you reported wrongdoing to a state or federal government agency. Although workers receive legal protection against wrongful termination in several instances, they do not receive legal protection for being fired without a written warning in a vast majority of circumstances
What is Wrongful Termination?
Wrongful termination represents firing an employee for an unlawful reason. One of the most common acts of wrongful termination concerns discrimination. Under Title VII of the Civil Rights Act of 1964, employers are prohibited from discriminating against workers based on criteria such as age, race, and sexual orientation. Firing a worker based on an act of discrimination is considered illegal according to Title VII.
For example, an employer cannot terminate a worker because the worker has reached a certain age and the employer wants to save money by paying a younger worker a lower salary. Another example of wrongful termination because of discrimination occurs when an employer fires a worker because of the worker’s religious beliefs.
Written Warning and At-Will Employment
During the employee onboarding process, a section of the orientation is devoted to explaining an employer’s steps for taking disciplinary action. One of the most common processes for taking disciplinary action starts with a verbal warning followed by a written warning for the same offense. The third step can be a suspension, with the final step ending the employment relationship. Although many employers implement a disciplinary process, they do not have to hand out a written warning before firing a worker.
This is because most states operate on the legal principle called at-will employment, which allows both workers and employers to end an employment relationship at any time, for just about any reason. For instance, your employer can fire you because the company is eliminating your job. Your employer does not have to provide a reason why you got fired and your employer can get you fired without notice.
Employees Who Cannot Be Fired Without Written Cause
Certain classes of employees cannot be fired without notice or a written warning. A collective bargaining agreement (CBA) often includes a provision that defines how and when a worker can be fired. For example, a CBA might include a provision that prevents an employer from terminating workers without cause.
Company policy might prevent an employer from terminating an employment agreement without first providing workers with either a written warning or advance notice of the planned termination. Employees that sign employment contracts typically receive some form of legal protection against being fired without cause.
Get Legal Help If You’ve Been Fired Unfairly
You must have an exemption to an at-will employment arrangement to file a wrongful termination claim against a former employer. If you qualify to file a civil lawsuit, you might receive just compensation for the loss of your job, as well as for pain and suffering. Even if you work an at-will employment arrangement, you might qualify for monetary damages if your employer fired you based on discrimination, retaliation, or the filing of a workers’ compensation claim.
Schedule a free case evaluation today to determine whether your employer wrongfully terminated you.
