How to Identify Wrongful Termination
Hardly anyone revels in getting fired or laid off from a job. If you were recently terminated from your job, you may be wondering right now if you were wrongfully terminated. Chances are you’ve heard this term before or may even know what it means.
Wrongful termination squarely rests on termination that violates the law. Unfortunately, this bars situations where you feel as if your employer was simply not giving you enough slack, misunderstood something at work, or just plain didn’t like you as a person or employee. These reasons may all feel unfair from your perspective, but they are not necessarily violations of your rights.
So how can you tell if your firing was a wrongful termination that can merit grounds for a lawsuit? The most common reasons for a wrongful termination claim are based on issues concerning retaliation and discrimination, which may sometimes go hand-in-hand.
Discrimination and/or Retaliation May Motivate Wrongful Termination
Some of the most obvious signs of wrongful termination are when you can think of instances of discrimination and/or retaliation that occurred frequently or leading up to termination.
Discrimination is any kind of unfavorable treatment received from your employer or coworkers as a result of characteristics that would associate you with a protected class. There are various protected classes recognized by federal and state law, such as age (40 or older), race, skin color, religion, sex, gender identity, disability, and more.
Situations where discrimination may be a factor in wrongful termination may appear as:
- Employees belonging to a common protected class are “randomly” selected for a round of layoffs.
- Your employer claims your termination is because customers feel uncomfortable about employees of a certain skin color or religion.
- Your employer terminates you after expressing racist or prejudicial views against people who may appear similar to you.
- Your employer fires you for requesting reasonable accommodation for your disability.
- Your employer fires you after announcing you would be dressing as the gender you identify as.
Retaliation is another important factor in wrongful termination lawsuits because it refers to firing an employee for engaging in a legally protected activity. This can accompany a discrimination claim, such as the case where an employer fires a disabled employee requesting reasonable accommodation. However, discrimination doesn’t always have to be a factor.
Retaliation in wrongful termination claims can appear as situations where:
- An employee is fired for whistleblowing unsafe practices to a government agency
- A group of employees discussing unionization are fired
- An employee demands proper compensation for unpaid overtime hours
- You are fired for refusing to participate in an unlawful activity
- An employee is fired for reporting a company’s illegal activities
Of course, these explanations are not comprehensive and cannot possibly include all reasons why you may be able to claim wrongful termination. If you suspect your employer fired you for an illegal reason, however, it’s important to consult with an employment law attorney as soon as possible.
Reach out to Limonjyan Law Group for Help!
Our firm is focused on helping those who have experienced a violation of their rights at work seek fair and just compensation. By asserting your rights with legal action against your employer, you may not only be able to recover compensation owed to you but also get your career back on track.
We understand it takes a lot of courage to come forward with a wrongful termination claim, but our attorney can guide you through each step of the process to ensure the best possible chances for success are secured.
Reach out to Limonjyan Law Group online or call (213) 277-7444 to schedule a consultation where we can help you assess your claim.