If you’re faced with an unfair dismissal, it can be a daunting prospect and it’s important to know your rights and what avenues of legal recourse are available to you. In the United States, employment is usually defined as ‘at-will’—meaning employers can fire employees without reason. However, there are many exceptions to this rule and if your dismissal violates federal or state laws then you may have a case for wrongful termination.
Unlawful termination refers to a situation when an employee is fired from the job on certain grounds which are in violation of existing legal provisions. Some of the common grounds are: ● Discriminatory reasons
Discrimination – Federal laws prohibit termination based on race, color, religion, sex, national origin, age (40 or older), disability or genetic information.
Retaliation – You can’t terminate an employee for such things as filing a discrimination complaint or cooperating in an investigation.
Violation of Public Policy – If an employer terminates an employee for reasons that contravene public policy, the termination is unlawful. Such a violation occurs when the employee’s termination is against public policy, like discharging an employee for refusing to commit an illegal act or terminating you for taking leave under the Family and Medical Leave Act (FMLA).
What to Do If You Think You Were Wrongfully Fired
– Keep Records
Write down everything related to the incident that led to the termination of your employment. This contains e-mails performance assessments and other relevant communications.
– Check Your Employment Contract
Examine the contracts or the employees\u2019 handbooks to be familiar with the rules outlining the job duties and the procedures of termination/layoff.
-Talk to an Employment Lawyer
Consult a legal expert to determine the strength of your case and various employment statutes in the area.
– File a Complaint with the EEOC
If you believe you have been discriminated against in your firing you may need to file a complaint with the Equal Employment Opportunity Commission (EEOC) before you can sue the company.
The Najla Law Firm is the home of labor and employment law and the first place to look for protection of your rights as a worker. As our seasoned attorneys have successfully represented clients throughout wrongful termination cases we possess proven experience in the field. We reckon that getting dismissed for no apparent reason can cause a major struggle mainly on personal and financial level and accordingly we aim to give as much valuable legal advice as possible.
Suppose you believe you were discharged for no good reason in this delicate moment do not go through this trouble alone. Najla Law Firm is the place to start with for your legal issue. A consultation will help you go ahead with the case and let us be the ones to make you see some fair treatment exactly the way you deserve it.
