Were you employed as a waitress? Did your employer terminate you and do you have enough evidence to prove you were wrongfully terminated according to the law?
If this is what has happened to you then you may be a victim of a wrongful termination n which is a violation of the law. Under both state and federal law, your employer cannot fire you if it does not have a legal reason to do this even if you are an employee at-will.
According to the employment-at-will principle, an employer cannot to fire an employee worker if when performing this action it is violating state, federal or local anti-discrimination laws. If you have the evidence beyond a reasonable doubt believe that your employer wrongfully terminated you then you may be eligible to submit an employment law claim today.
Common Types of Wrongful Termination
If you were working as a waitress and you were terminated because you filed a complaint about any of the following you may be the victim of wrongful termination as determined by law:
- dirty kitchen where food was prepared for human consumption;
- insufficient cleaning of the floor in the dining area which created hazards that could cause slips and falls like spilled liquids that could be standing around on the floor for hours.
- dirty, torn and unsanitary uniform;
- there were trip and fall hazards in the dining room.
If you make any complaints like these there is no grounds for legally terminating you.
There are several other illegal reasons that could lead to your employer wrongfully terminating you and these are the following.
- Discrimination due to your sexual orientation which federal laws do not permit. Employers are typically not allowed to discriminate against their workers because of their sexual orientation;
- Your employer, under the law, is not permitted to retaliate by terminating when you file a complaint about a matter to do with your job or if you are acting as a whistleblower.
- Racism/race discrimination is not permitted under United States laws but some employers are still biased towards other ethnicities employed by them in relation to skin color or ethnicity, which is totally illegal;
- Gender discrimination is not allowed under the law even though often employers promote a man and not a women or sometimes they have even been found to terminate women much faster than men;
- When an employee is disabled the employer is required by law to make reasonable accommodation for the worker. The employer cannot fire you because of a your disability if you are quite capable of doing the job;
- Age discrimination is typically commonplace affecting employees over 40 years of age. Sometimes older waitresses are fired and younger ones are put in her place as this gives a better business image.
What to Do If You’ve Been Wrongfully Terminated as a Waitress
If you were working as a waitress and you can prove you were wrongfully terminated, the best defense you may have is collecting sufficient evidence that goes a long way to support your wrongfully terminated case. You will need the following documents:
- witnesses’ statements describing your job performance;
- timeline of events leading to your termination notice;
- the workplace policies;
- the employee handbook;
- termination notice, etc.;
- job performance evaluations you have been subjected to and the date(s)
- any employment documents you have including your latest contract as a waitress.
If you been wrongfully terminated even though you posses many positive reviews, this looks like a clear sign of wrongful termination. You should now with care track down your employer’s behavior and approach your co-workers and ask them if they can recollect any times when termination of an employee has taken place with no obvious reason.
To assist you in your wrongful termination claim you can approach potential witnesses and ask them to write statements which prove you were wrongfully terminated. This will typically assist you to be in a much better position to win your wrongful termination claim
Get a Free Evaluation Today
If when working as a waitress you were sure you were wrongfully terminated from your job, you may want to get your case reviewed. When an employment law attorney works on your behalf, they will assist you to find and collect the proof you will need and help you to prepare all the necessary paperwork for your employment law claim.
Some employment law attorneys typically work on a contingency fee basis while others charge by the hour, so ask about payment requirements. Get a Free Case Evaluation today and get the compensation you deserve for your wrongful termination.
