5 Things Employees Get Wrong About Wrongful Termination

Wrongful termination can happen to anyone. But there are some misconceptions people have about wrongful termination. Let’s review five things employees get wrong about wrongful termination.

1. Your Termination is Unreasonable

Many workers believe employers cannot walk up one day and say, “You're fired.” The fact remains state laws allow employers to terminate workers without legal ramifications. Virtually every state has enacted some form of at-will employment legislation, which allows both employers and employees to part ways without any notice, and for almost any reason.

If your employer lets you go, your employer most likely has not wrongfully fired you. The only case when an employer illegally fired a worker is when an employer breaks a state and/or federal law.

2. I Cannot Do Anything About Retaliation

If you exposed an unlawful act committed by your employer, you might face an act of retaliation that can include termination. For example, let’s assume you notified the Occupational Safety and Health Administration (OSHA) about several workplace safety violations.

OSHA conducts an investigation that validates your claim, and the result is a substantial fine levied against your employer. In turn, your employer illegally fired you in retaliation for whistleblowing.

Federal law prohibits retaliation in the workplace, including wrongful termination.

3. Wrongful Termination Only Applies to Women and Minorities

Discrimination is a common motivator for employees to be wrongfully fired. However, Title VII of the Civil Rights Act of 1964 prohibits discrimination against several protected demographic factors that include race, gender, religion, and national origin.

Your employer cannot fire you because of your religious faith or if you work with a disability. Federal discrimination law protects a large class of demographic factors that extend beyond just race and gender.

4. I Cannot File a Lawsuit If I Quit

If you are forced to quit due to harassment or discrimination, you may still be able to file a claim. You will need to have enough documentation to show that you were forced to quit or resign due to discrimination or harassment you were experiencing while at work. You will need to demonstrate that what you were experiencing at work was illegal.

5. Older Workers Cannot Be Fired Because of Their Age

The Age Discrimination in Employment Act (ADEA) protects workers older than 40 years against age discrimination in the workplace. However, not every worker older than 40 years receives protection under the ADEA. Older workers receive legal protections under the ADEA for specific circumstances. For instance, employees that work for a private employer with fewer than 20 employees do not receive age discrimination protection under the ADEA.

An Employment Attorney Can Help Build a Strong Wrongful Termination Case

Working with an employment lawyer can help you gather and organize the evidence you need to file a persuasive civil lawsuit that seeks monetary damages. Your legal counsel can conduct a thorough investigation that includes speaking with co-workers to verify your claim of wrongful termination.

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