If you were illegally fired from your job, you may be able to file a claim for wrongful termination. There is a time limit for filing a claim which is called the statute of limitations.
There are several situations when you may have been forced to resign or illegally fired which are considered wrongful termination and these include being fired based on your ethnicity, religion, sexual orientation, pregnancy, age, gender, race or color. So long as you have the evidence to prove that it was your membership of one of these protected groups that caused you to be terminated, you may be able to file a wrongful termination claim against your employer.
How Long Do You Have to Sue for Wrongful Termination?
When you file a claim for wrongful termination, it is normally with the Equal Employment Opportunity Commission (EEOC). However, it is important to note that filing a wrongful termination claim must be done within 180 days of the wrongful termination. The EEOC is the federal organization in the United States that oversees employment claims, but you may also be able to file a claim with your state’s appropriate organization as well.
Some states have different statutes of limitation from the EEOC, such as New York. In New York, the New York State Division of Human Rights (NYSDHR) allows people 1 year to file a claim. The California Department of Fair Employment and Housing (DFEH) has a 3-year limit, and the Illinois Department of Human Rights (IDHR) allows 300 days.
It is once again important to note that, if you fail to file a wrongful termination claim within the federal or state’s statute of limitations, you may not have another opportunity to do so at a later date.
What Is Considered Wrongful Termination?
Wrongful termination or illegal firing is when an employee has been terminated for an illegal reason. There are laws that protect employees from wrongful termination which are based on an employee’s characteristics such as color, ethnic status, gender, sexual orientation, age, religion, or pregnancy status.
If an employee can prove that they were fired for being a member of one of these protected groups, then this could be wrongful termination.
Other reasons an employee may be illegally fired are when the employer is retaliating due to the employee acting as a whistleblower by complaining about something the employer was doing that was illegal such as breaking key health and safety rules. A further reason for a wrongful termination is when the employer breaks a contract that it has set up with the employee such as a 12-month contract but terminates the employee at an earlier date.
Get in Touch With a Wrongful Termination Lawyer
It is never easy winning a wrongful termination claim. This is because you must find the proper evidence that proves that your illegal firing was a wrongful termination. An attorney may be able to assist you to win your claim by helping you to gather the evidence that proves your wrongful termination.
Complete the Free Case Evaluation form on this page to get connected with an independent, participating attorney who subscribes to the website.
Additional Resources
- How to Know If You Were Illegally Fired
- Wrongfully Terminated For Whistleblowing
- What is Wrongful Termination?
- When Should I Speak to a Wrongful Termination Lawyer?
- Wrongful Termination Laws in New York
- Wrongful Termination Laws in California
- Wrongful Termination Laws in Illinois
- Wrongfully Terminated Due To Pregnancy
- Wrongfully Terminated for Taking Maternity Leave
- Wrongfully Terminated Due To Age
- Wrongfully Terminated Because of Religious Discrimination
- Wrongfully Terminated Due To Sexual Orientation
- Wrongfully Terminated Due To Gender Discrimination
- Wrongfully Terminated Due To Racial or Color Discrimination
