Were you recently fired from a job? Is there a chance that this was unlawful? You may have a case to file a lawsuit. There are a number of reasons to do so. The law system in the United States currently recognizes more than 20 reasons that people are let go from jobs that are illegal. Many wrongful termination lawsuits are won by people suing former employees. The number ranges from over 50 to 70% of all cases, depending on the area. If you think you may be the victim of a wrongful termination, you should talk to experts in a local law office.
How do you know if you have been the victim of a wrongful termination?
The terms “wrongful termination” refers to cases where the reasons a person is fired from there job are illegal. These can include any of the following circumstances:
The employer fires someone for following general public policy. The bottom line for these cases the employee has been fired for reasons that most people would think of as wrong reasons. Some examples would be firing because the employee refused to do something was was against the law (this can include lying to the government, falsifying records or mislabeling products), firing to do something they have the legal right to do such as vote or reporting any wrongdoing that they saw at work such as fraud being perpetrated by other workers.
The employee is being fired as because of their race, national origin, color, religion, gender, age or disability. It is patently illegal to fire someone for any of these reasons. There may be more protections that are offered under state and local law so you if you feel you have been discriminated against for other reasons, you still may want to go into the law office and ask a wrongful termination attorney. They can give you more information about any state or local laws that may help your case.
If the employee has complained about some wrongdoing, they cannot be fired. If a staff member sees illegal activity, which can include workplace safety issues, violations regarding employees’ hours and wages, discrimination or other problems. Federal whistleblower laws offer some protection as well but a wrongful termination lawyer is the best person to talk to about these cases.
Sometimes, if the employer has breached a contract, they can be sued. In the United States, most workers are considered to be “at will” and can be let go at just about any time. Not all workers fall under this umbrella. If there is a contract in place, it is important to go to a law office and have the situation reviewed so that you can get what you deserve.
If any of that sounds like it could be what happened to you, you should think about talking to an employment layer. When you go to the law office, the lawyers there will take down and evaluate all of the details of your case and situation. They can tell you if you have a case and then you can start thinking about moving forward with your lawsuit or look into other options. Having a good lawyer on your side may mean you get a better severance package. There may be times when it makes sense to file a lawsuit and others when you cannot win and will have to cut your losses. It is always worth it to talk to an employment lawyer to be on the safe side. If your former employer tries to get you to sign anything, you need to have that reviewed by a lawyer first.
Situations that should raise red flags:
- You file a complaint of harassment or discrimination and are fired.
- You tell your employer about a new disability or pregnancy and are fired.
- You are fired right after you complain about some wrongdoing or illegal activity you see at work.
- You complain about workplace safety issues and are fired.
- You take time off as is allowed by the Family and Medical Leave Act or to vote and you are fired.
None of these are valid reasons to fire you. Not all workers are aware of all of their rights. If these situations look familiar, you should talk to a lawyer.