Most employees are at-will across the nation, which means they can be fired for any legitimate, non-discriminatory cause. You are most likely an at-will employee if you do not belong to a union and do not have an employment contract. Generally speaking, your employer has the right to terminate you for practically any cause, and you have the right to leave at any moment for any reason. But even as an at-will worker, you are still entitled to certain protections under both state and federal law.
Keep reading to learn more about your rights and what to do if you believe you have been wrongfully terminated. Request a legal consultation with an employment law attorney by calling PLBH at (800) 435-7542.
Protected traits
Federal law forbids firing an employee due to certain protected traits, as an experienced wrongful termination lawyer may clarify. This comprises national origin, age, gender, race, and sex. Other qualities, such as sexual orientation and gender identity, are protected in some states, such as California.
The process of filing a wrongful termination claim is complicated
An employee may have a wrongful termination claim if their employer terminates them due to a protected feature. While many employees may believe that suing their company in court is as simple as that, the procedure is more involved. An employee must typically initiate a claim by submitting it to either a state agency or the federal Equal Employment Opportunity Commission (EEOC). An experienced wrongful termination lawyer can help in assessing a claim and deciding where and how to submit it.
The process of an EEOC claim
The fee will be delivered to the employer following the filing of a claim. The EEOC frequently asks the employer and the employee whether they would want to arbitrate the issue. The EEOC will look into the allegation if the parties refuse to go to mediation or if they are unable to come to an agreement. The employer will be questioned by the EEOC over the charge.
The worker will then have the chance to comment. Depending on the results of its inquiry, the EEOC will either pursue the case on the employee’s behalf or send the employee a letter notifying them of their legal right to sue. The employee cannot bring a lawsuit before getting the Right to Sue letter.
Keep track of deadlines
To file a case with the EEOC or a state employment commission, there are stringent deadlines that must be met. Working with a wrongful termination lawyer may ensure that you adhere to the requirements about the proper format for your complaint and that you fulfill those deadlines. A lawyer can also ensure that your claim is well-founded, giving you the best opportunity of succeeding whether you resolve the dispute amicably or go to court.
Our team of skilled wrongful termination lawyers at PLBH fights for justice for workers who have experienced workplace discrimination. We are committed to assisting our clients in obtaining the best outcome depending on the specifics of their case. Call (800) 435-7542 or send an email to info@plblaw.com to arrange a consultation with a wrongful termination lawyer.