If you were fired illegally, you may have a wrongful termination claim. This is because there are both federal and state laws that protect workers from being fired illegally. Many wrongful termination claims are as a result of the employer breaking one of these laws.
This includes laws that prohibit termination of an employee due to discrimination. such as being a member of a certain group based on characteristics such as gender, color, race, ethnicity, religion, pregnancy status, disability, age and sexual orientation. Also, whistleblowers are protected and employees that have signed up to a contract with their employer but are then fired.
Know Your Rights
It is Title VII of the Civil Rights Act that protects employees against discrimination nationwide, including wrongful termination for discrimination. This law offers the chance for wrongfully terminated employees to seek justice from their employer.
Whistle blowing laws protect you from getting fired if you reported illegal or unsafe work conditions and laws protecting employees when a contract has been signed between the two parties offer protection from wrongful termination as well.
There are also state laws that vary by state but many have laws against discrimination in the workplace which protects employees from illegal firing.
Legal Remedies for an Illegal Firing
If you believe you have been wrongfully terminated by your employer, you may file a wrongful termination claim with the EEOC or your state’s appointed agency. If the EEOC supports your claim it may give you permission to file a lawsuit for compensation from your employer. This is normally settled in monetary terms. You could receive the following in damages:
- loss of pay, which are earnings you have lost because you were terminated but you would otherwise have earned. If you find other employment this will be taken into consideration when calculating the loss of pay in a wrongful termination case;
- loss of benefits due to your illegally firing such as the value of medical and dental insurance, pension and stock opportunities lost;
- an amount for emotional distress if you can prove your employer has acted badly which has caused you to suffer emotionally;
- punitive damages may sometimes be awarded to you if it is found your employer acted in an unjustifiable manner and the jury is prepared to accept this;
- you may be awarded attorney's fees once you have reached the settlement phase of your claim.
Speak With a Wrongful Termination Lawyer
It is never easy winning a wrongful termination claim as you have to provide satisfactory evidence that proves you were a victim of discrimination and this caused your wrongful termination by your employer.
An attorney can help you file your complaint with the EEOC, and give the support you need when you file a wrongful termination lawsuit. Fill out a Free Case Evaluation on this page to get in touch with an independent, participating attorney who subscribes to the website.
Additional Resources
- How to Know If You Were Illegally Fired
- State Wrongful Termination Laws
- What Kind of Lawsuit is Wrongful Termination?
