As an employee there are laws and policies in place to protect you and other individuals from wrongful termination. Even in at-will employment there are situations in which firing an employee could be considered wrongful termination and may warrant a claim against your employer to recoup compensation for your damages.
If you have been wrongfully terminated, you should speak with an employment law attorney.
Rights As An Employee
Employees are protected by both state and federal anti-discriminatory laws. These laws protect workers because of age, gender, race, religion, and disability.
Federal laws enforced by the Equal Employment Opportunity Commission (EEOC) make it unlawful for employers to discriminate against employees and applicants on the basis of race, color, religion, sex, national origin, disability, or age.
States establish their own employment laws, and state laws may protect and encompass more workers, protecting from discrimination based on gender identity, sexual orientation, and more.
If you were terminated from your job because of your age, your gender, your race, your religion, because you have a disability, your sexual orientation, or something else, you can pursue a claim against your employer for wrongful termination.
You should also read your employment contract and your employee handbook to check company policies.
If your termination from employment violated your company’s policies, then you have suffered from wrongful termination.
You will need your employee handbook and employment contract to use as supporting documentation and to show that proper procedures were not followed.
You will be entitled to damages that you suffered because you were wrongfully terminated. Those damages could include lost wages, lost benefits, lost pay raises and bonuses, mental anguish, and more.
An employment law attorney will be able to help you determine which damages you suffered and will be able to review applicable state and federal laws that apply to your situation.
Supporting documentation will include your employee handbook, your employment contract, your termination paperwork, statements from witnesses, and any other supporting evidence that you can gather for your claim.
You want to prove that you were the victim of wrongful termination and that your employer violated laws or policy when you were dismissed from your position.
What Should I Do Next?
If you have been the victim of wrongful termination, you should stay calm. If you think you have been wrongfully terminated, you can pursue a claim against your employer for their actions.
You have rights to severance pay, damages, or unemployment compensation while you are not receiving a paycheck.
There are many situations that can lead to wrongful termination. Title VII of the Civil Rights Act of 1964 prohibits an employer who has 15 or more employees from discriminating against an individual for religion, race, gender, or national origin.
If you were terminated for one of those reasons, then your employer has violated federal law. You will need to prove why you were terminated from your job.
Your state most likely has additional laws regarding discrimination and harassment. If state laws have been violated, you can pursue a claim.
If your employer has violated company policies, that can also be considered wrongful termination. You will need to gather supporting evidence and documentation to ensure you can prove what happened and that you were a victim of inappropriate actions.
If your employer violated state and/or federal laws, they could face additional penalties such as fines in addition to the damages that they must pay you.
If there is a pattern of such activity from your employer, or if there is evidence that they violated laws intentionally, the court could award punitive damages. These damages are a way to help punish your employer and to deter such activity in the future.
Before you file a claim against your employer for wrongful termination, you should speak with an employment lawyer who handles wrongful termination and discrimination cases in your area.
There is a statute of limitations, which is established by state laws, which limits how long you have so you can pursue a claim. This means that time is of the essence when it comes to pursuing a wrongful termination case against an employer.
If you wait too long, you cannot recover damages and pursue a wrongful termination claim. you will need to get a free case review to determine the best way to proceed with your claim as quickly as possible.
Complete the Free Case Evaluation Form on this page to share the details of your wrongful termination with an attorney’s practice in your area.
Additional Resources
- What Is the Average Wrongful Termination Settlement?
- Workplace Retaliation – What Are My Rights?
- Vice-President Wrongful Termination
