Wrongful Termination Checklist: Do You Have a Legal Claim Against Your Employer?

If you recently lost your job, you might wonder if your termination was legal. It is important to know that not all termination from employment is unlawful. Wrongful termination occurs when an employer discharges you from employment for illegal reasons. This could involve a violation of the terms of the employment agreement or a violation of local, state, or federal laws.

Although many terminations from employment are legal, certain exceptions could entitle you to compensation. This article will help you identify illegal actions and determine if you have a wrongful termination case.

To learn more about how state and federal laws might apply to your unique circumstances, consider contacting a local employment law attorney experienced in wrongful termination cases. Your conversation with an attorney is confidential, and they can walk you through your options.

Common Grounds for Wrongful Termination Claims

If your employer fires you, your termination could be illegal if it is based on any of the following factors:

• Discrimination based on protected characteristics
• Retaliation for reporting problems in the workplace or exercising your rights
• Breach of employment contract or company policy
• Taking legally protected time off
• Refusal to perform illegal acts
• Violations of public policy

Remember that even in at-will employment, the right to terminate employees is not absolute. If your employer terminates you based on any of the above scenarios, you may have a valid claim for wrongful termination.

Discriminatory Firings

Employment laws enforced by the Equal Employment Opportunity Commission (EEOC) protect employees from termination or discrimination due to their:

• Age
• Disability
• Gender
• Genetic information
• National origin
• Race
• Religion
• Sex

Several states and localities also prohibit employment discrimination based on gender identity or sexuality.

Signs of Discriminatory Termination

To determine if discrimination played in the role of your termination, consider the following questions and examples of wrongful termination:

• Is there direct evidence of discrimination in your termination? For instance, did an employer make explicit statements showing bias, either verbally or in writing?
• Do you have circumstantial evidence suggesting discrimination? For example, were only employees of a certain demographic affected by layoffs? Or were you fired shortly after your employer learned about your age or religion?
• Are employees similar to you treated differently based on a protected category? For example, if the company applies attendance policies inconsistently across different demographic groups. Or if the employer applies performance standards more strictly for certain employees. This pattern might suggest discriminatory treatment.
• Did supervisors or managers make biased comments about certain groups? For example, comments like "recent graduates make the best employees" could suggest age bias.

Workplace Harassment

Harassment based on protected characteristics can create a hostile work environment. It could also be grounds for a wrongful termination claim, particularly if an employer fires you for reporting such harassment.

Signs of Workplace Harassment

When evaluating potential workplace harassment claim, ask yourself:

• Did an employer, supervisor, or superior make offensive or insulting comments about your age, disability, gender, genetic information, national origin, race, religion, sexuality, or sex?
• Were these comments made regularly or in front of others?
• Did anyone make unwelcome sexual advances or request sexual favors?
• Did you report harassment and then face termination shortly thereafter?

Retaliation

Employers cannot fire or otherwise punish employees for participating in protected practices. Protected practices include:

• Reporting discrimination or harassment
• Whistleblowing about illegal company practices
• Reporting safety violations
• Participating in a government investigation
• Taking legally protected leave
• Filing a workers’ compensation claim
• Refusing to perform job duties that consist of illegal activities

Whistleblower Protections

Most state laws protect employees who report illegal activities. Companies that are reported by employees may want to retaliate against these employees. Thus, state and federal laws provide whistleblower protections to workers who come forward.

For instance, the Occupational Safety and Health Administration (OSHA) has a Whistleblower Protection Program. This program provides protection and support to employees who file reports against their employers.

Signs of Retaliatory Termination

The following questions will help you determine whether you have a valid claim for wrongful termination based on retaliation:

• Were you fired shortly after you reported a problem occurring in the company? Or after you filed a report about a problem within the company with an enforcement agency such as OSHA or the EEOC?
• Did your employer react negatively when you raised concerns about workplace policy or practices?
• Did your employer or supervisors react negatively or engage in any punishing behavior?
• Were you terminated after you participated in a workplace investigation?
• Were you discouraged from or warned against participating in a government investigation?
• Were you discouraged from or punished for exercising your legal rights, such as by taking covered medical leave?
• Did you experience significant treatment change after engaging in a protected activity?

Breach of Contract

Firing a worker for violating an employment agreement can also constitute wrongful termination. Remember that even those without a formal written contract can file for breach of contract. Many employment relationships have implied contracts. These are often created through employee handbooks or employer policies that may be legally binding.

Indicators of Contract Violation

The following are some indicators of wrongful termination based on a breach of employment contract:

• Did you have a written employment contract that specifies the termination procedures or permissible grounds for termination?
• Did your employer have a detailed employee handbook? Did the company policy handbook cover termination, discipline, advancement, etc.?
• Did your employer make verbal promises about job security or conditions for termination? For instance, did your manager say your job was "guaranteed" or promised you "tenure"?
• Were you told that you could only be fired "for cause" or for specific reasons?
• Did your employer fail to follow its established policies when it terminated your employment?

Even in at-will employment, employers should still follow their termination policies, which are often included in the employee handbook. For instance, if the company policy states that employees should have three warnings before termination for tardiness, then if an employer terminates an employee after one tardiness without warning, the employee has a valid claim.

Protected Time Off Violations

Federal and some state laws, primarily the Family and Medical Leave Act (FMLA), allow some employees to have unpaid leave to care for a family member or recover from illness. This law also covers military service members who are called into duty.

Employees cannot be fired or retaliated against for taking time off to vote or serve on a jury.

Types of Protected Leave

Federal and state laws provide various protections for time off. The following are some of the most common types of protected leave:

• Family and Medical Leave Act (FMLA): The FMLA provides eligible employees up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons.
• Uniformed Services Employment and Reemployment Rights Act (USERRA): The USERRA protects service members’ reemployment rights when returning from military service.
• Civic Duties: State laws often protect employees from termination for serving on a jury or voting.

Damages Available in Wrongful Discharge Claims

Depending on the situation, damages available to wrongfully discharged employees can include:

• Back pay
• Reinstatement
• Compensatory damages
• Reasonable accommodations
• Injunctive relief
• Punitive damages

Seek Legal Advice from a Wrongful Termination Lawyer

Losing your job can be emotionally and financially devastating. If you believe your employer wrongfully terminated you from employment, seek legal advice from an employment attorney. They can evaluate your wrongful termination claim, help you protect your employee rights under labor laws, and explain your legal options. The sooner you take legal action, the better your rights will be protected.