When a worker is terminated for an illegal reason, it is considered to be a wrongful termination. There are many illegal reasons to fire an employee, even if he or she has signed an at-will employment agreement. Illegal reasons to terminate an employee include all violations of the employee’s rights, such as firing an employee for joining a labor union or firing him or her due to the company’s bias against individuals of his or her race, sexual orientation, sex, ethnicity, national origin, or religion.
It can be difficult to recognize a wrongful termination in your workplace. Although some wrongful terminations are blatantly obvious, others are often disguised behind legitimate firings. For example, an employee who files an unpaid wages claim with the Equal Employment Opportunity Commission (EEOC) after being denied his or her overtime pay may be “marked” for termination, then given poor performance reviews to justify firing him or her later. This is known as retaliation.
In order to support a wrongful termination claim, you must provide evidence that your termination was due to an illegal reason. Take note of the circumstances surrounding your termination, such as the termination of others of your race, sex, or ethnicity or the point at which you began to be treated differently at work. A few situations to note include:
As an American worker, you have the following rights:
If you have been wrongfully terminated, you have the right to file a wrongful termination claim with the EEOC. The EEOC is a government agency tasked with upholding the laws that protect American workers, like the Americans with Disabilities Act of 1990 and Title VII of the Civil Rights Act of 1964. If you feel your rights have been violated, speak with an experienced employment lawyer about pursuing a claim with the EEOC.Your lawyer can help you obtain the evidence you need to support your claim and aid in the EEOC’s investigation of your case.
If you have been terminated from a job for any illegal reason, you have the right to file a wrongful termination claim with the EEOC and potentially recover compensation for the damages associated with your job loss. To learn more about this process, set up your free legal consultation with an experienced employment lawyer at The Law Offices of Mitchell A. Kline today.