Being fired from your job can not only be a devastating experience but even an embarrassing one. This experience is only amplified when you suspect that you may have been terminated unjustly or without cause. Whether or not you were fired under these circumstances is dependent on many possible factors, and can be difficult to prove if you aren’t prepared and equipped properly.
Wrongful termination occurs as a result of an employer firing an employee in violation of state or federal laws, public policy, or contractual agreements. If you suspect that you may have been fired in such a manner, consulting with an experienced attorney is the smartest move you can make.
To help you understand more about this complex legal situation, here are 7 indicators that suggest your termination may fall under this category:
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1. It Was a Result of Discrimination
If you were fired based on things like gender, race, religion, age, or sexual orientation, it may qualify as discrimination. Keep records of any discriminatory behavior or comments by your coworkers or employers.
2. It Was for Retaliation
If you were let go following a recent report of harassment, safety/quality violations, or unethical/illegal activities, it may be a case of retaliation; likely making it a wrongful termination.
3. It Was a Breach of Contract
If you have a documented agreement between yourself and an employer that guarantees certain details and specifics of your employment such as salary/compensation, duration, or termination procedures, they may have breached the contract if they fired you without cause.
4. It Was for Whistleblower Retaliation
This is a separate circumstance from regular retaliation as it involves a third party that received the whistle-blowing information. Numerous federal and state laws are designed solely to protect such informants.
5. It Was a Constructive Discharge
On occasion, some employers may create a hostile environment or intolerable working conditions for the purpose of getting unwanted employees to resign. If you feel that you were compelled to quit as a result of discrimination, harassment, or unsafe conditions, this may qualify as wrongful termination.
6. It Violates Public Policy
Your termination also must follow the company’s established policies and procedures. If your employer deviated from their standard disciplinary or termination process, this may be another example of being wrongfully terminated.
7. Unfair Practices or Policies
Even if your employer doesn’t deviate from their policies and procedures involving the discipline or release of employees, it is still possible that the established practices themselves are unethical or unlawful. Examine your company’s termination policy to verify it meets legal requirements.
How You Can Take Action Against Wrongful Termination
Obviously, the first step is to have a legal representative with experience and understanding in this area of the law to help you. But beyond that, there are several steps you can take to help your own case. Documenting everything from relevant conversations to performance reviews to emails is a good start. Filing a complaint with federal or state labor departments may also be necessary.
Regardless of what you and your attorney may be required to do to move the process forward, the fact is that nothing should stand in your way of seeking justice and fair treatment from your previous employer.
