Wrongful termination occurs when an employee is dismissed for unlawful reasons. Recognizing the common scenarios where this can happen is crucial for protecting your employment rights. Here’s a look at five typical situations that could constitute wrongful termination and how to address them.
- Termination After Filing for Workers’ Compensation
- Dismissal for Whistleblower Activities
- Discrimination-Based Termination
- Fired for Taking Legally Protected Leave
- Retaliation for Demanding Unpaid Wages
One prevalent form of wrongful termination is being fired for filing a workers’ compensation claim. Workers’ compensation laws across states protect employees from retaliation for claiming benefits due to workplace injuries. Employers who dismiss employees for filing these claims may face legal consequences, including monetary penalties.
Being terminated for whistleblower activities is another form of wrongful dismissal. Whistleblowers who report suspected legal violations or public policy concerns are protected under various federal laws, including the Sarbanes-Oxley Act and Dodd-Frank Act. These laws ensure protection even if the reported concerns are not proven, as long as they are reported in good faith.
Dismissal based on discriminatory reasons is illegal under federal and state laws. Title VII of the Civil Rights Act of 1964, for instance, prohibits termination based on race, color, religion, sex, and national origin. If you’re fired due to any of these protected characteristics, or for opposing workplace discrimination, you may have grounds for a wrongful termination lawsuit.
If you’re terminated for taking legally protected workplace leave, it’s considered a violation of public policy and an exception to at-will employment. Types of legally protected leave include FMLA leave, sick leave, jury duty, and more. Dismissing employees for exercising their right to these leaves can lead to wrongful termination claims.
Retaliation against employees for claiming unpaid wages is prohibited under the Fair Labor Standards Act (FLSA). Employers cannot legally fire employees for filing a complaint or testifying in cases concerning unpaid wages. Additionally, many state laws offer even broader protections in these situations.
Understanding At-Will Employment and Exceptions
Being an at-will employee doesn’t mean you can’t be wrongfully terminated. There are exceptions to at-will employment where wrongful discharge can occur. These include situations where there’s an implied contract, an employer’s action violates public policy, or if there’s evidence of bad faith or fraud.
Potential Damages in Wrongful Termination Cases
In wrongful termination cases, you may recover various damages, including lost wages (back pay and front pay), emotional distress, reinstatement, attorneys’ fees, court costs, and sometimes punitive damages. The specific damages depend on the legal basis of your claim.
If you believe you’ve been wrongfully terminated, it’s crucial to seek legal guidance. An employment lawyer can help you navigate the complexities of your case, ensuring your rights are protected. For assistance in wrongful termination cases, contact PLBH at (800) 435-7542. Our team is dedicated to providing the support and expertise you need to challenge unfair dismissal and seek justice.