Knowing your rights is crucial if you have been wrongfully terminated. Losing your job is devastating, especially when your dismissal is unfair and illegal. The prospect of filing a lawsuit can seem daunting, but you deserve justice and compensation for your wrongful termination.
If you suspect you have been unfairly dismissed and lost wages as a result, you should consult an employment attorney like Rowdy Meeks Legal Group LLC to help you gain clarity on the situation and determine if you should move forward with legal action.
5 Signs You’ve Been Wrongfully Terminated
You should be aware of the following which may provide you with the basis for a wrongful termination lawsuit. Some illegal reasons for which employers terminate employee’s employment include breach of contract, violations of federal or state laws, or retaliation. Here is a quick overview to further educate you on your rights.
Discrimination
According to a 2022 report by Glassdoor, 61% of U.S. employees have experienced or witnessed workplace discrimination based on age, race, gender, or sexual orientation.
It is unlawful to lose your job due to
- Race
- Religion
- Sex
- Nationality
- Age
- Disability
- Pregnancy
You may have a wrongful termination lawsuit if your employer terminates your employment for any of the above reasons. Generally, employers who discriminate do so often. Having evidence of previous discriminatory employment practices may help your wrongful termination lawsuit.
Retaliation
Retaliation in the workplace is considered a “silent crisis.” It is often a result of harassment or discrimination complaints, or concerns about pay. Losing your job after questioning illegal wage practices or reporting discrimination is unlawful. You should be able to exercise your legal right as an employee to report workplace issues without fear of retaliation and seek legal counsel if you have.
Breach of Contract
An employment contract should provide details about your position, wages, benefits, and company policy. If you have been fired in a way that violates your employment contract, you should contact an employment attorney.
Violation of Public Policy
If you have been fired for refusing to engage in illegal activities or reporting illicit activities (whistleblowing), you should seek recourse for wrongful termination. Each state has different laws regarding public policy terminations. Your employment attorney can provide you with more specifics on the laws which apply to your employment.
Lack of Proper Procedure
Most companies have a termination policy and are generally expected to follow that policy when the employer terminates employees. However, if you have been dismissed in a way that violates the termination policy, you may be entitled to take legal action.
What Constitutes Legal Termination?
Labor laws are complicated, and employers can fire employees who don’t have a contract for any legal reason.
Here are some legal ways an employer may terminate employees’ employment.
- Poor job performance: the employer should apply the same performance standards to all employees who perform the same job.
- Misconduct: misconduct employment termination policies generally include such conduct as dishonesty, theft, harassment, violence, or violation of workplace rules or policies. Misconduct allegations must be thoroughly investigated and substantiated with evidence, and the employer should take the same disciplinary action against employees who commit the same misconduct.
- Attendance and punctuality issues: employers usually have attendance and tardiness policies including points systems and tracking missed work time. Employers should apply these policies the same to all employees who hold the same job.
- Workforce reduction (“layoffs”): these usually occur due to financial distress, corporate reshaping, or acquisition. There are federal and state laws which govern layoffs. You should contact an employment attorney if you believe your employer illegally laid you off.
Contact an Employment Attorney if You’ve Been Wrongfully Terminated
Getting a professional opinion when filing a wrongful termination lawsuit is important. State laws can vary significantly, and an employment attorney can assess your case based on your jurisdiction.
Most employment attorneys offer a free first consultation where the attorney can evaluate your case and answer your questions. An attorney can determine the strength of your claim, and the evidence you have and give you your legal options.
If you have been wrongfully terminated, you should consider taking legal action if you have suffered lost wages and/or benefits, and the right attorney will provide guidance and support throughout the process.
Rowdy Meeks Legal Group LLC: Fighting for Employee Rights Nationwide
At Rowdy Meeks Legal Group LLC, we will use our extensive experience as lawyer employees inside companies to vigorously pursue your employment claim. It is devastating to be fired from a job that provides for your family, especially when you have been unfairly treated.
So, if you think you have been wrongfully terminated, contact us for a free case evaluation.