It’s important to know about federal laws around wrongful termination, because no matter which state you live in, if your termination sounds like any of the facets of federal law wrongful termination, then that means you have the right to sue, and more.
For example, federal law explicitly prohibits workplace discrimination on the basis of:
- Genetic information
- National origin
- Sex (including gender identity and sexual orientation)
So, if you think you were fired for any of the reasons above by your boss, this means that they wrongfully terminated your employment and that you have every right to sue.
When you realize that you were wrongfully terminated, it is important to know that you must have evidence of the illegal behavior your employer did by firing you, to prove that you were in fact wrongfully terminated. So in this case, it is of uptmost importance to understand the differences between unfairness and illegality. Sometimes, you might think that yoru boss terminated you unfairly, but his reasoning might still be in line with what is legal to do as an employer. Other times, however, bosses will cross the link and fire employees illegally. So what is the boundary between illegal and unfair?
This is why collected evidence is important for your case. For exmaple, if your boss says that you wrongfully breached your contract, but you say that it was the employer who did a wrongful termination breach of contract, then you have to have evidence proving that you were illegally fired.
Or, for example, if you believe you were a victim of wrongful termination hostile work environment, you will have to have evidence proving that the work environment was hostile and unsafe and then you were wrongfully terminated to boot, by having evidence of the hostile work environment you will be able to show the courts what the employer was really like.
If you are fired seemingly out of the blue, that can be an instance of illegal employment termination. However, if you speak to your boss and they give valid reasons for firing you, but you simply don’t agree with those reasons, you might intereret the boss’s decision as unfair, but it doesn’t necessarily mean that it’s illegal. What’s more, each state has different laws interpreting what is unfair or illegal when it comes to employers.
So, you have to know whether or not you in fact breached the contract of employment before you seek legal advice. If you took a job but do not have a contract, then this is considered “at-will” employment. This means that the employer can terminate your employment at will for no reason necessary. Only if you have a contract are you protected. So while this may seem unfair, it might not be illegal.
Next, learn about the next steps to take once you have deemed your employment illegally terminated.
By Admin –