If you believe you have been wrongfully fired from your position, we’ve put together a quick guide to help you take the following steps. In short, documentation is crucial, so write down the details of your termination. Next, identify the reasons why you believe you were terminated and the reason your employer gave for your termination. Do you believe it was discriminatory? Did it breach your contract? Was it because you asked for an accommodation, reported illegal activities, or pursued a claim for workers’ compensation? Gather supporting evidence, such as emails and performance reviews.
At FairLaw Firm, we’re prepared to assist you in organizing and presenting this evidence effectively. The manner in which your evidence and claim are articulated is just as important as the content itself.
If attempts to resolve your matter are not successful, filing the appropriate document with the correct agency or forum is the next step. Depending on the nature of your claim, you might need to file with the Equal Employment Opportunity Commission (EEOC), a particular federal agency, a state or local agency, an agreed-upon arbitration tribunal, or the appropriate court.
Our team at FairLaw Firm has extensive experience navigating the complexities of wrongful termination cases, which allows us to handle each client’s case meticulously. Engaging with us means having a dedicated team that understands the laws and strategies to help you mount a successful claim.
Contact us today to schedule a free consultation; let us help you on your journey toward justice.
Understanding Wrongful Termination
According to the US government, wrongful termination happens when “your employer fires you for an illegal reason.” Illegal reasons can include firing an employee because they:
- reported or refused to participate in their employer’s violation of a law, rule, or regulation,
- requested an accommodation for a disability,
- requested or returned from medical leave, or
- suffered a work-related injury.
It is also unlawful to fire employees without following contract terms or violating collective bargaining agreements.
Key Scenarios of Wrongful Termination
Discrimination: Several laws prohibit discrimination in the workplace. The Civil Rights Act of 1964 (Title VII) bars employers from discriminating against employees based on race, color, religion, sex, or national origin. The Age Discrimination in Employment Act (ADEA) protects individuals 40 years and older from age-based discrimination, while the Americans with Disabilities Act (ADA) addresses discrimination against individuals with disabilities.
Other important protections include the Pregnancy Discrimination Act, which prohibits discrimination based on pregnancy, childbirth, or related medical conditions, and Section 1981 of the Civil Rights Act of 1866, which safeguards against racial discrimination in employment contracts.
Furthermore, Executive Order 11246 requires federal contractors to provide equal employment opportunity, prohibiting discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin.
Retaliation: Employees cannot be fired for engaging in protected activities like whistleblowing or filing complaints about harassment or safety violations. Employers are also not allowed to terminate employees in retaliation for seeking workers’ compensation.
Breach of Contract: Terminating an employee with a written contract promising job security without cause breaches the contract. Even implied contracts can be cited based on company policies or verbal promises.
Relevant Laws and Protections
In addition to the key anti-discrimination laws covered above, several other legal protections exist to prevent unlawful termination and ensure fair treatment in the workplace:
- The Fair Labor Standards Act (FLSA): This law establishes minimum wage, overtime pay, and child labor standards. Termination for asserting rights under the FLSA, such as requesting proper pay for overtime, can be considered wrongful.
- The Equal Pay Act (EPA): The EPA mandates that men and women receive equal pay for equal work. Termination due to complaints or actions regarding wage disparities based on gender could be illegal under this act.
- The Family and Medical Leave Act (FMLA): This law provides eligible employees with the right to take unpaid, job-protected leave for family and medical reasons. Terminating an employee for taking FMLA leave or retaliating against them for doing so is prohibited.
- Uniformed Services Employment and Reemployment Rights Act (USERRA): USERRA protects employees from being terminated due to their service in the military or National Guard. Employers must reinstate service members returning from active duty and cannot discriminate based on military obligations.
- Occupational Safety and Health Act (OSHA): Section 11(c) of this act protects workers against retaliation for reporting unsafe working conditions. Terminating an employee for reporting workplace safety violations or hazards to OSHA is unlawful.
- Genetic Information Nondiscrimination Act (GINA): GINA prohibits discrimination based on genetic information, such as family medical history, in employment decisions. Termination based on this type of information would violate the law.
At-Will Employment
In many states, including Florida, employment is at-will, meaning employers can terminate employees for any reason except illegal ones. Proving wrongful termination requires evidence that the termination was due to an illegal reason.
Legal Actions
Employees who believe they’ve been wrongfully terminated can seek legal recourse. This may involve filing a complaint with the EEOC or seeking assistance from an attorney. For those based in Florida, FairLaw Firm is here to listen to you and guide you on the steps to take next.
Steps to Take After Termination
Understand Your Rights
Familiarize yourself with your rights under federal and state laws. Knowing these laws will empower you to take the right steps and build a strong case. The US Department of Labor’s website also has plenty of helpful resources. Title VII of the Civil Rights Act is also another important document when dealing with wrongful termination, as it prohibits discrimination “based on race, color, religion, sex, and national origin.” And if you’re based in Florida, you can also file a complaint and find more information about employment at the Florida Commission on Human Relations.
Write Down the Details
The first step after termination is to document everything that happened. Write down the events leading to your termination. Include dates, times, and who was present during critical incidents. You can do this using a notebook or a digital document, whichever you prefer.
Review Your Employment Contract
Examine your employment contract or any employee handbooks you might have access to. These documents might include clauses on termination procedures that could reveal if there was a violation. Breach of contract is a key aspect in proving wrongful termination.
Gather Evidence
Collect any evidence that supports your claim. This could include emails, text messages, performance reviews, or even witness testimonies. Keeping all communication and documentation organized is crucial. It will help substantiate your claim.
File a Complaint
Consider filing a complaint with the EEOC before pursuing a lawsuit. Timelines are strict, so filing promptly is vital; more information about EEOC’s timelines is available on their website under Time Limits For Filing a Charge.
Types of Evidence Needed
Gathering the right evidence is essential to building a strong wrongful termination case.
Documentation: Maintaining thorough records is crucial. Emails, performance reviews, and employment contracts can provide clear evidence. For example, an email showing a positive performance review before termination contradicts claims of poor performance. Employment contracts can also help you identify terms that were not followed.
Witness Testimonies: Statements from colleagues or supervisors can support your claim. Witnesses can attest to observed behavior or discriminatory comments, giving your case more credibility.
Performance Reviews and Work History: Positive performance reviews and consistent work history are significant evidence. They show a pattern of satisfactory job performance, which contradicts claims of justifiable termination.
Comparison with Other Employees: Comparing your treatment to that of other employees can highlight discriminatory practices. If, for instance, younger employees with similar job performance were retained while older employees were terminated, this could suggest age-based discrimination.
How FairLaw Firm Can Help
At FairLaw Firm, we have experience handling wrongful termination cases. Our experience extends to addressing wrongful discharge claims involving contract breaches, retaliatory dismissal, and more; visit our Employee Representation page for more information.
We begin by meticulously evaluating your case. Our attorneys examine every detail, from employment contracts to the application of progressive discipline policies. This personalized approach means your specific circumstances are at the center of our strategy.
We assist our clients in filing claims within legal deadlines to avoid rights forfeiture. Our support extends beyond the courtroom. We provide continuous guidance throughout the legal process.
If you believe your employer violated federal or state laws rather than merely treating you unfairly, it’s time to act. Contact us today to take the first step toward resolving your wrongful termination claim.
Visit our contact page for more information or to schedule a free consultation. Together, we can navigate this process and pursue the justice you deserve.
