Even though your employer has the legal right to terminate your employment at any time, this doesn’t mean they can violate the law while doing so. Should that happen, you may be able to take action on the grounds that you were wrongfully terminated.
There are a variety of reasons for wrongful termination, including the following:
- Discrimination: This comes in many forms, including but not limited to national origin, age, gender, color, race and age.
- Retaliation: For example, your employer could retaliate against you for filing a workers’ compensation claim or whistleblower claim. There are federal and state laws to protect you against retaliation in the workplace.
- Requesting FMLA leave: If you’re entitled to FMLA leave, you have every right to request it. Your employer may not like it, but that doesn’t give them the right to terminate your employment as a result.
- Improper dismissal: For instance, if you have an employment contract, it likely outlines the steps associated with the termination process. Should your employer neglect to follow these steps, it could result in the wrongful termination of your employment.
What should you do?
The biggest challenge associated with a wrongful termination claim is proving it. This is often difficult because your employer will try to hide the real reason for your termination. For example, they’re discriminating against you because of your age, but telling you they’re letting you go because your performance is not up to par.
If you suspect that you’re a victim of wrongful termination, request more information from your employer. Ask them why you’re being terminated, and be sure to get it in writing. From there, collect evidence to back up your claim for the real reason for your termination. This can be something as simple as an email conversation with a supervisor in which they bring up your age or disability.
While it’s often easier to walk away from your job and leave well enough alone, you shouldn’t take this approach. It’s best to protect your legal rights at all costs. This can lead to financial benefits that make your life easier in the future.
