It is a very unpleasant feeling when your boss calls you to their office and hands over a box, telling you to gather your things because you’ve been fired. In some cases, you see it coming, and in some cases you don’t. Whatever the case, you should contain yourself and try not to burst out in anger, as it will only make things worse. However, do ponder over whether you have been fired for a valid reason or wrongfully terminated.
Did you know that over 150,000 employees are wrongfully discharged every year in the United States? Most of the employees think that they don’t have a say in such matters and quietly accept their fate. However, there are several statutes and federal laws that protect employees from wrongful termination. If you are a victim, you can file a lawsuit against your employer with the help of an experienced employment discrimination attorney.
But how to determine whether you have been fired illegally? Here are a few situations in which wrongful termination can be challenged with a lawsuit.
Violation of Contract of Employment
Some employers hire workers on a contract basis that is valid for a certain period, and have to be renewed every time that period expires. In case your employer has terminated you, but there is still time left before the expiration of your contract of employment, you can use it to file a claim for wrongful termination.
According to the Civil Rights Act of 1964, the employer cannot fire you based on your color, religion, race, age, sexual orientation, disability, or national origin. In most states, you cannot be terminated because of your pregnancy, marital status, or military affiliation. But you should keep in mind that the statutes of limitations for filing employment discrimination lawsuit are very limited. You should talk to your employment discrimination lawyer immediately to discuss your wrongful termination claim before the time limit expires.
Violation of Public Policy
If the employer has terminated you because you took time off, which under the state or federal laws was your right, you are eligible to file a claim. For example, if you have taken time off to perform military service, for jury duty, to vote, or to tend to an immediate family member, then your employer cannot fire you.
Violation of Termination Policy
You can file a lawsuit against your employer if they didn’t comply with specific termination and disciplinary policies that are in place. For example, if it is stated in the termination policy that the employer must give three disciplinary warnings before terminating the employee but they didn’t give any, then you may have a wrongful discharge claim.
If the employer has asked you to perform an illegal act, and you have been terminated for not complying with their demand, you may have a wrongful termination claim.
Contact an Employment Discrimination Lawyer Today
Wrongful termination claims are hard to prove in most cases, but with an experienced Roselle employment discrimination attorney on your side, you can build a strong case against your employer. Contact the Law Office of Michael T. Smith today at 847.895.0626 for a consultation.