Wrongful termination is the termination of employment of any employee for a reason that is a violation of a state or federal employment law. It is not the same as terminating the employment of an at-will employee for any other, but legal reason.
Many retail works are employed on an at-will basis, but others have employment contracts. If an at-will retail worker is dismissed at the end of a busy season when retail trade has declined, then there may be nothing the employee can do about it, apart from look for another job.
However, if the employer fired the worker because the worker was gay, then this would be an example of wrongful termination as it is a violation of anti-discrimination law. If something like this has happened to you, then you may have good grounds for filing an employment law claim against your former employer.
Common Types of Wrongful Termination
If you work as a retail worker, you cannot be forced to work in unsafe or unhealthy conditions. If you refuse to work in unsafe conditions or without safety equipment, and are fired because of your refusal or complaints, then this is illegal. You should be able to file a claim for wrongful termination.
If you have taken time off work for legitimate reasons such as military service, jury service, medical leave etc., and are then terminated because of that absence, then this is also illegal. You cannot be forced to work under conditions or for pay that do not appear in the employment contract or are in breach of what is in the contract.
If you are fired because you refused to work in a way that is in breach of the contract, then this may be wrongful termination. Other examples of wrongful termination are being fired because you are too old, male or female, transgender, disabled in any way that doesn’t stop you from doing your job as a retail worker, or because of your religion.
What to Do If You’ve Been Wrongfully Terminated as a Retail Worker
You will need proof that the employer who fired you did so illegally. This is the most difficult part of a claim. It will help your case if you have built up a dossier showing specific breaches of your employment contract, arguments you have had about unsafe conditions, clear acts of discrimination against you etc.
Make a note of dates, times, what was said or done, how messages were made such as written statements, emails, phone calls, text messages etc. You may be able to get supporting statements from fellow retail workers confirming the reasons why you claim that you were wrongfully terminated.
Has your employer behaved in the same way before? Clear cases of violations of employment law will help your case, especially if they are similar to what happened to you, as it shows a pattern of illegal behavior.
Get a Free Evaluation Today
It’s not easy filing a claim against a former employer, especially if you still haven’t obtained another job. It is worth finding a suitable employment law attorney with who you can discuss your case.
An attorney who specializes in employment law will know whether the employer had wrongfully fired you and whether the evidence you have available stacks up. You don’t need to pay legal fees up front unless you really want to.
Many employment law attorneys will provide a free consultation before taking on your case. These attorneys may also absorb the legal fees they take into the claim and defer payment until a case is actually won. Ask your lawyer about their payment requirements.
Get a Free Case Evaluation today.
