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The Basics of Bringing a Wrongful Termination Lawsuit Against Your Employer

Employees who lose their employment frequently question whether they were unfairly fired, especially when an employer provides a hazy justification for the termination or none at all. A frequently misunderstood legal concept, wrongful termination only pertains to a very narrow range of situations. It happens when a worker is fired because of discrimination, not because of a layoff, subpar work, or any other reason.

The majority of businesses in the United States operate under “at-will” employment rules, which makes wrongful termination a rare reality. In essence, at-will employment guarantees that both the employer and the employee have the freedom to terminate an employment arrangement at any moment, with or without cause. However, firing someone for discriminatory reasons is prohibited. Read on to learn more and contact PLBH at (800) 435-7542 to speak to a wrongful termination attorney.

Wrongful termination protections

Employment contracts or collective bargaining agreements are a part of some employment arrangements. These agreements often contain provisions describing each signing party’s rights with regard to hiring, dismissal, notice, and other relevant matters.

For instance, if you and your employer signed an employment contract, it might say that one side must give the other 30 days’ notice before terminating the agreement. The contract may even specify the permissible circumstances for giving such notice. The vast majority of Americans who are employed, however, do not have employment contracts and are instead subject to the state’s at-will employment laws.

Anti-discrimination laws that protect all workers

The anti-discrimination rules that are in place at the local and federal levels are the major defense against wrongful termination in the United States. These regulations essentially say that it is against the law for any employer to terminate an employee or treat them differently in any other way because of their protected status.

It is against the law for an employer to fire someone on the basis of race, national origin, ethnicity or perceived ethnicity, sexual orientation, sex, religion, or any other protected status, according to the Equal Employment Opportunity Commission (EEOC) and United States Department of Labor (DOL) laws. Age, handicap, sexual orientation, and pregnancy are all protected under American anti-discrimination legislation.

An employee cannot be terminated by an employer in violation of the law and on the basis of discrimination. The employee would have cause to file a wrongful termination claim with the EEOC if an employer does this and fires an employee on the basis of that employee’s protected status.

Filing a lawsuit over a wrongful termination

Proof of wrongful termination is frequently exceedingly challenging. An employer that fires someone unfairly does so on purpose, and they frequently use whatever justification at their disposal to hide the real reason for the firing. A wrongful termination may also happen as a result of an employee taking a protected activity, such as complaining to a regulatory body, reporting the employer’s unethical or illegal actions, or applying for workers’ compensation benefits following an injury at work.

Before bringing a discrimination case against the company, an employee must first make a claim with the EEOC if they have reason to believe that their termination was unfair or solid evidence to support it. The EEOC will look into the allegation, speak with potential witnesses, examine the evidence, and finally determine whether there is sufficient justification for the claimant to file a discrimination action against the company. If the claim is accepted, the EEOC will issue the claimant with a Notice of Right to Sue, which they can utilize to begin their discrimination lawsuit.

Get help with a wrongful termination case

The at-will employment laws in this nation were initially designed to protect workers from being bound by abusive employment contracts, but they ultimately become obstacles in a lot of wrongful termination instances. In essence, the United States’ at-will employment laws make it relatively simple for employers to fire workers for any reason—discriminatory or not—with little to no requirement to provide an explanation.

Employees who have been unlawfully terminated must closely collaborate with their attorneys and develop compelling arguments. Obtaining tangible and digital evidence, including email and handwritten notes, as well as eyewitness testimony from coworkers and other interested parties, may be necessary to prove wrongful termination. It may be challenging for the dismissed employee to establish their case if the employer deliberately fired an employee for a discriminating motive and tries to hide behind at-will employment statutes.

In the end, a successful wrongful termination claim and discrimination lawsuit can aid a fired employee in obtaining reinstatement, ensuring professional discipline for discriminatory managers and supervisors, and even securing compensation for the employee’s lost wages and emotional suffering for being singled out because of their protected status and unfairly subjected to a hostile work environment.

Contact PLBH at (800) 435-7542 if you have been unlawfully fired and require a legal consultation to determine your rights and options.