Can I Sue my Employer for Wrongful Termination?

Can I Sue my Employer for Wrongful Termination?

Certainly, you have the option to take legal action against your employer if they terminate your employment unjustly.

However, it’s essential to ascertain whether your employer actually violated the law and to assess the strength of your potential case.

Frequently, individuals wish to file a lawsuit over their termination even when the company had valid grounds for letting them go.

Not every termination is unlawful. Here’s a basic overview of situations in which you might be able to pursue a legal claim for wrongful termination.

You have the option to initiate legal proceedings if your employer engages in any of the following actions:

  1. Breaches your employment contract.
  2. Retaliates against you for lodging a complaint or engaging in whistleblower activities.
  3. Practices discrimination in your termination.
  4. Violates company policies in the termination process.
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Can I sue my Employer for Wrongful Termination
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At-Will Employment: Reasons You Can Be Fired

At-will employment in the U.S. means your employer can terminate you without reason or notice, as long as it’s not illegal.

Common reasons for termination include breach of contract, poor performance, policy violations, misconduct, theft, violence, or harassment.

Remember, they can let you go for almost anything that’s not illegal, so be aware of your rights.

What Counts as Wrongful Termination?

Wrongful termination happens when you’re fired for illegal reasons, and it could lead to a lawsuit. Here are some key points:

  1. Discrimination: Employers can’t discriminate based on race, gender, religion, and more. It’s also illegal to discriminate against someone due to their sexual orientation or gender identity.
  2. Disability Discrimination: You’re protected by laws like the Americans with Disabilities Act, which prevents firing due to disability or accommodation requests. Genetic information can’t be a reason for termination either.
  3. Retaliation: Employers can’t fire you for protected actions like whistleblowing, making discrimination complaints, or joining a union. Reporting sexual harassment can’t lead to termination either.

Establishing Wrongful Termination: Steps to Take

To strengthen your case of wrongful termination, it’s crucial to act swiftly.

Gathering evidence early on is essential – this may include emails, witness accounts, performance evaluations, meeting records, and other supporting materials.

Delaying the process can make it challenging to locate past employees, documents, and crucial information related to your termination.

Even if you don’t have an abundance of evidence, don’t be discouraged.

Your lawyer can assess your case’s viability based on the evidence you do have, so take action promptly.

An image illustration of Sueing my Employer for Wrongly Termination
Sueing my Employer for Wrongly Termination
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What to Do After Being Fired Unfairly

If you suspect your termination was unlawful, here’s what you can do:

  1. Safeguard emails and documents, and consider sending copies to yourself if possible (an attorney can later obtain them).
  2. Maintain thorough records, including dates, individuals involved, conversations, meetings, and any witnesses.
  3. Approach colleagues to see if they’d be willing to provide statements.
  4. Get in touch with an employment attorney to explore your legal options.

Remember, not all firings amount to wrongful termination, but legal options exist, even for at-will employees.

Frequently Asked Questions

  1. What is the maximum compensation for wrongful termination?
  2. How can one defend against wrongful termination allegations?
  3. What are an employee’s termination rights?
  4. Common mistakes to avoid when dealing with job termination.

ALSO READ : How much can you Sue for Wrongful Termination?

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