About 20 percent of workers in the United States have been wrongfully terminated at some point in their careers. Sadly, most of these employees have no idea what to do. They move on with their lives and don’t sue their former employee for wrongful termination. You can overcome this challenge by seeking information on your rights as an employee. So, you’ll need to understand the most common types of wrongful termination cases. Keep reading to find out more about these cases.
Retaliation For Whistleblowing or Exercising Legal Rights
As an employee you have a legal and moral duty to report your employer if they’re engaging in fraudulent or illegal activity. You also have the freedom to exercise various workers’ rights such as forming and joining a union. Unfortunately, companies often fire employees who engage in these activities. They plan to intimidate other employees into keeping quiet and disregarding their legal rights.
The good news is that if you’re laid off as retaliation for whistleblowing or exercising your legal rights, you can sue your employee. Reach out to a reputable attorney to learn more about laws protecting whistleblowers. The lawyer will also educate you more about your rights as an employee and how you can protect them.
Discrimination or Harassment
Federal and state laws prohibit companies from terminating workers based on protected features. These features in the past included things like race, color, religion, gender and disability. In recent years, these characteristics have been expanded to incorporate marital status, sex orientation, and gender identity.
Unfortunately, despite these laws, discrimination is still a key problem in the US. So, if you suspect you were terminated for discriminatory reasons, you can file a wrongful termination case. Talk to an attorney to learn more about bodies like the Equal Employment Opportunity Commission (EEOC). You’ll discover that these bodies have established frameworks on how to handle your lawsuit.
Breach of Contract
Your employment contract will usually have clauses discussing terms and conditions of employment, including grounds for termination. So, if your employer violates these terms, this can be a breach of contract. You can use this as the basis of your wrongful termination cause. However, before you file the lawsuit, consult an attorney and ask them to inspect the employment contract. The lawyer has handled other similar cases and can help you know whether you have a lawsuit or not. They can inform you of the legal procedures one can follow to address the problem with their employer. Basically, the approach that is likely to be adopted is the out-of-court settlement, where one starts by using mediation and, if it fails, then moves to court.
Conclusion
Understanding common wrongful termination cases can help you know if you have a claim after being laid off. You can make things even easier by consulting an attorney to know the best legal action to take. The lawyer can educate you more on these cases and help you prepare your case. They can negotiate with your former employer on your behalf, and if the case goes to trial, they’ll represent you in court.
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