If you were wrongfully terminated from a job that you liked, you may be able to get your job back. If you can prove that you were terminated for an illegal reason the employer that terminated you could be required to give your job back.
What is Wrongful Termination?
Wrongful termination occurs when an employer terminates your employment because of an illegal or protected reason. It does not matter if you work in an at-will employment state. Even in states that have at-will employment laws employers can’t fire you for reasons that are protected by law.
If you were fired for any of these reasons you may be able to file a claim for wrongful termination:
- Your race, sex, age, orientation, gender, religion, or where you were born
- Retaliation
- Sexual harassment
- Disability
- Pregnancy
- Veteran status
There are Federal laws that protect workers from wrongful termination. Your state also has state laws that protect workers from discrimination and wrongful termination. If you were fired for a reason that is protected by your state laws or Federal laws like:
- Title VII of the Civil Rights Act
- The Americans With Disabilities Act
- The Family Medical Leave Act
- The Pregnancy Protection Act
Then you may be able to get your job back.
When Is Reinstatement Required?
Whether or not you can ask for reinstatement of your job because you were wrongfully terminated depends on several factors, like the reason why you were terminated. In most cases, employers won’t admit that they wrongfully terminated you. You will need to prove that they violated the law and fired you for a protected reason.
If you successfully prove that you were fired for a protected reason the judge deciding the case may order the employer to reinstate you. However, that doesn’t happen often.
In some cases, employers are required to reinstate your job if you were wrongfully terminated. For example, if your employer violates the Family Medical Leave Act reinstatement is one of the remedies you can ask for.
The FMLA guarantees workers the right to take 12 weeks of unpaid leave from a job to care for a new child or a sick family member. If you were terminated during your allotted FMLA leave time that’s a wrongful termination. Your employer may be required to offer you the job back, if that’s what you want.
Some states, like California, also require employers to offer reinstatement in some cases. It’s a good idea to speak with an employment attorney in your state to find out what state laws protect you from wrongful termination and what your options are.
If you were wrongfully terminated as retaliation or because you were a whistleblower who exposed wrongdoing by the employer, you will probably not have the option to ask for reinstatement.
Also, if you were terminated as a result of some kind of harassment or bullying you may not be offered your job back. But most people wouldn’t want to return to a job where they were harassed or bullied.
Damages You Could Recover In A Wrongful Termination
Even if you don’t get your job back you may be eligible for other damages if you can prove that you were wrongfully terminated. You could receive financial compensation for things like:
- Lost wages
- Lost benefits
- Attorney fees
- Back pay
- Pain and suffering caused by the termination or the work environment.
Contact an Employment Attorney
If you are thinking about filing a claim against an employer for wrongful termination you should speak with an employment attorney first. It can be difficult to prove that the reason for your termination was illegal because the employer will not admit that they wrongfully terminated your job.
An employment attorney can help you sort through the evidence you have, build your case, and submit your complaint to the EEOC and to the state authorities. An employment attorney can also negotiate for you or even argue your case in court for you if necessary.
Having the guidance of a lawyer who specializes in employment cases can help you at every stage of the process. You don’t have to pay anything upfront, it is totally free to speak with an employment attorney.
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