Examples of wrongful termination include racial discrimination, age discrimination, FMLA violations, sexual harassment, wage and hour disputes, and whistleblower retaliation.
If you believe that you are the victim of wrongful termination, you may be able to pursue a claim against your employer. Even if your state allows at-will employment, there are still situations in which wrongful termination can take place.
What Are Some Examples of Wrongful Termination?
Race Discrimination – Racial discrimination involves denying promotions, jobs, raises, and even firing an individual because of his or her skin color, ethnicity, or cultural background. This is prohibited by federal law and often there are additional state laws offering protections.
- Age Discrimination – If an individual is 40 years of age or older and he or she is fired so the job can be filled by a younger individual to fit the company’s theme and style, then age discrimination has occurred. This is also a violation of federal law and can result in harsh penalties for the violators.
- Discrimination – Along with racial and age discrimination, if you experienced any other discrimination, such as disability, gender, religious, etc., then your firing may be illegal.
- FMLA Violations – The Family Medical Leave Act (FMLA) allows workers to take unpaid leave in certain situations so they can address their own medical issues or care for family members. If you qualify for FMLA, and you are fired because you request the leave, then federal laws are being violated.
- Sexual Harassment – If you are a woman in a man dominated field and you are denied a promotion that you are qualified for just so the job can be given to a man, you have been sexually harassed. Men can also be sexually harassed in a field dominated by women. Either way, it is prohibited by law.
- Wage and Hour Disputes – If you are paid less than your counterparts because of your gender or race, or if you are not paid the agreed wage, not paid for all hours worked, or not paid overtime that you are entitled to receive then you may be able to pursue a claim against your employer.
- Whistleblower Retaliation – If you report illegal activity, mistreatment of other workers, or misappropriation of funds to proper agencies, you are considered a whistleblower. You are protected by federal laws if you are a whistleblower and you cannot be fired or retaliated against for doing what was right.
- Contract Violations – If you had a written or verbal contract that your firing violates, this can be considered wrongful termination.
What Is Considered Wrongful Termination?
Not every termination is a wrongful termination. For your firing to be considered a wrongful termination, you’ll need to have been fired for an illegal reason, such as violating an anti-discrimination law or a breach of contact. Some illegal reasons include firing based on your religion, a disability, your gender identity, race, ethnicity, age, and more. If you file a complaint against your employer and are fired, this is considered wrongful termination. If you had a contract in place, and your termination violates it, your firing is considered wrongful termination.
What is not considered wrongful termination occurs when someone is considered an “at will” employee is let go without a reason. “At will” means you can be fired at any time for no reason or for a specific reason (as long as the reason is not illegal). If you are an “at will”, you will need to determine that your termination violated law.
What To Do If You Were Wrongfully Termination
If you believe that you have been wrongfully terminated, you will need to gather supporting evidence and seek legal guidance from a wrongful termination attorney.
With the guidance of a lawyer, you may be able to determine the best way to proceed with your claim. An attorney may also be able to gather supporting evidence and documentation while determining the total value of your claim and what losses and damages you suffered.
You can file a claim against your employer and recover compensation for the damages you suffered. You could suffer a variety of damages if you were wrongfully terminated, including lost wages, lost benefits, mental anguish, and so forth.
An employment law attorney can investigate your incident and help you gather supporting evidence and documentation. An attorney can also be able to determine the damages that you suffered and estimate the total value of your claim. You should gather supporting evidence and documentation for a lawyer to review.
Get a Free Case Evaluation Today
An employment law attorney may be familiar with the state and federal laws that apply to your situation. When you consult with an attorney, be sure to discuss the payment plans.
Some wrongful termination attorneys require a retainer to be paid and ask for an hourly rate for handling the case. There are lawyers who take cases on a contingency basis and if that is the case, the attorney will not be paid until you win your case and recover compensation for your damages.
You do have limited time for pursuing a wrongful termination case after you have lost your job, so you should act promptly.
If you believe that you have been wrongfully terminated from your job, complete the Free Case Evaluation Form and share the details of your situation with an attorney who handles employment law claims in your area.
A lawyer can review the details of your termination and determine if laws were broken and if your case warrants a wrongful termination claim.