The illegal firing of an employee is called wrongful termination. Wrongful termination usually takes place when an employer breaches a contract, whether written or oral; when the employer is retaliating against an employer who has filed a complaint about its illegal activities or when it is based on workplace discrimination because the employee is a member of a protected class, such as of a certain color, race, sexual orientation, gender, religious affiliation, ethnicity, disability or is pregnant.
What is Wrongful Termination Due to Discrimination?
Wrongful termination takes place when a firing violates state or federal laws that protect employees who are members of a protected class, such as being of a certain color, ethnicity, age, race, religion, gender identity, sexual orientation, genetic information and disability, etc.
Employees are protected under Title VII of the Civil Rights Act, which prohibits discrimination of employees who are members of a protected class from being wrongfully terminated. If wrongful termination takes place, and the employee has the evidence to prove they were wrongfully terminated, then it may be possible for them to file a claim through the Employment Equal Opportunities Commission (EEOC) to receive compensation for their losses.
What is Wrongful Termination Due to Retaliation?
A common type of wrongful termination is one that is based on retaliation by the employer. Usually, this happens when an employer takes harmful employment action against an employee like termination because the employee was a whistle blower and reported a negative action by the employer such as allowing unsafe work conditions and permitting discrimination against employee(s) based on a protected feature.
The employee taking part in a federal investigation against the employer is often another reason retaliation takes place which normally ends up with wrongful termination.
What To Do If You Experienced Wrongful Termination
Fortunately, under federal law, you can take action against your employer if you have the evidence proving you were wrongfully terminated. The sorts of evidence that could be useful in proving wrongful termination may include:
- proof that another employee with the same qualifications and work experience as you was offered promotion while you were not,
- proof that your employer refused to make any allowances for you as a member of a protected group such as providing assistive devices to help you with mobility or allowing you to take time off work because you are pregnant. Instead of doing this the employer terminates the employees’ employment.
Given that these examples could be considered wrongful termination, you should speak to a lawyer who may be prepared to help you file a wrongful termination claim with the EEOC which could lead to your employer being asked to compensate you for your wrongful termination.
Get Help With Your Wrongful Termination Claim
The quality of your evidence may be the key to winning a wrongful termination claim. If you work with an attorney with a free evaluation, they may be able to help you win a wrongful termination claim.
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