Depending on the state in which you are employed, many employment relationships are considered as at will, which allows for the employer or employee to terminate employment with or without a cause for reason, as long as there is no violation of federal, state, or local anti-discrimination laws.
However, there are cases in which an employee may have been wrongfully terminated, which is a violation of federal, state, and local employment laws. This can make understanding wrongful termination difficult for employees.
Understanding Wrongful Termination
Wrongful termination occurs when an employee’s employment has been terminated illegally, often due to one of the following reasons:
Discrimination- If you have been terminated due to your age, gender, nationality, race, religious beliefs, or sexual orientation, then this is considered wrongful and against the law.
Leaves of absence- It is against the law to be terminated due to the request to take a military, FMLA, or pregnancy-related leave of absence.
Retaliation- It is wrongful to terminate an employee in retaliation. If any employee has reported any workplace violations, and his or her employer, the employer is prohibited from terminating the employee for that cause.
Contract Breach- If an employee’s termination has been in violation of their employment contract, then the employee has been wrongfully terminated.
What To Do If You Have Been Wrongfully Terminated
If you have reason to believe that your termination was illegal and wrongful, it is important to speak with an employment attorney immediately, especially since you may be entitled to unemployment, severance pay, or damages, due to your claim. An employment attorney can help to determine if you have a valid claim, as well as aid you in filing a wrongful termination claim against your former employer, which could potentially earn you your lost pay.
The attorneys at Maduff & Maduff have been specializing in employment law for more than 20 years. If you have questions or need help with your wrongful termination, discrimination, or retaliation claim, contact us today.