If you have recently lost your job, you may be wondering if you were let go under circumstances that are defined as illegal in the eyes of the law. Yet, before rushing out to engage the services of a wrongful termination attorney, it is important to understand what constitutes wrongful termination.
In general, employers don’t require a good reason to fire an employee since the most common form of employment is defined as being “at-will.” Exceptions to this are actions that would violate any part of your employment contract, should you have one. You may also not be fired for reasons that could be understood as being discriminatory or in retaliation because you reported an illegal activity or someone committing an illegal act.
What is discriminatory termination?
There are many discriminatory grounds for termination. This means that an employee is let go not based on poor job performance but because of:
- Gender identity
- Sexual orientation
- National origin
- Religious beliefs
If you feel you fall under any of the above categories, it is imperative that you act quickly since these claims are usually subject to strict time limits. You should file a discrimination charge with the Equal Employment Opportunity Commission (EEOC) or your local anti-discrimination agency.
What is considered retaliation?
There are certain activities for which you should not be punished or fired. Among them, you should not lose your job because you inform your employer that you are being harassed or discriminated against because you have filed a complaint with the EEOC, because you skipped work due to a permitted medical leave, or other actions such as taking time off to vote or attend jury duty.
What if I lost my job despite something that is spelled out in my employment contract?
Your employment contract may include information on termination procedures, spell out items such as job security or regular advancement, or say that you can be terminated if your performance is not what they expected. Some other things might not be written in the contract but have been said to you verbally.
Talk to a Wrongful Termination Attorney
There are many reasons for someone to be terminated, and although some may be quite clear-cut, others might require the advice of a legal professional to prove. Through a wrongful termination lawyer, you might be able to convince the court that an implied employment contract existed, backing up this statement with how long you had been working at that company, how often you had been getting promotions, or any verbal assurances made to you by your employer regarding your performance and behavior.
If you go to https://www.stevenrubinlaw.com/wrongful-termination/san-diego/, you may be able to understand better how your wrongful termination lawyer will fight to get you any back pay that is owed you, compensatory damages that you have suffered due to the wrongful termination, and other relief. Your lawyer may also fight to get you reinstated in your previous position. And if your wish is to be reinstated, your lawyer may also be able to help you and your employer resolve your differences in an amicable way, saving both time and resources while doing so. You may end up receiving an employment offer without the need to end up in court.