Have you been fired from your job? Are you left wondering whether your termination was right or wrongful? If your dismissal was wrongful, can you sue your employer? If you are wondering all this, then we have got you covered. In this article, you can clarify your questions and get answers to them. So let’s look at what constitutes wrongful termination.
What is wrongful termination?
Wrongful termination is when an employee is dismissed from their job for illegal reasons or when the dismissal violates the contract or company policy. The laws for this differ from one place to another. Your dismissal can be wrongful if discrimination is the reason or if the contract is violated or proper company guidelines were not followed when terminating. The examples of wrongful termination include the following:
· Discrimination – due to sex or gender, religion, race or color, disability, nationality, pregnancy, age above 40, etc.
· Breach of contract
· Violation of company policy
· Violation of the public policy
· Employees are asked by the employer to commit an illegal act, and they are not willing to
· Constructive discharge meaning forced to resign
· Sexual harassment
If you were fired for one of the reasons mentioned above, then you can claim wrongful termination. Get in touch with Clark Employment Law, APC, to find the best lawyers for your case.
What does not constitute wrongful termination?
In most states, employment is considered at will. This means that your employer can fire you, or you can design for any reason or no reason at all. So your employer can terminate your job without any advance warning and may also not give you any reason or explanation for the dismissal.
Unless there is a contract that makes it mandatory to provide a period of notice before dismissal, employers can legally terminate your job without any notice. Your employer will not be obligated to give you time to correct your work performance or time for anything else before the dismissal.
However, even this termination, if it is done due to discriminatory reasons or violates contract and policy, then it is wrongful and thus illegal. So if you think your termination was illegal, then continue reading.
What to think about before using your employer?
Do you think the termination was due to discriminatory reasons?
If yes, then you can file a discriminating lawsuit against your employer and a discrimination charge with the EEOC. This needs to be done 180 days after the time of the incident.
Why do you want to sue?
What do you want to get out of suing? You need to clarify this. Do you want to set things straight and receive an apology with a change in behavior, or do you want money, or do you just need the satisfaction of ensuring that you didn’t give up without a fight?
It is crucial that you know what you want before you start the legal process. You should get in touch with At Will Employment California lawyers who will help you figure out your options and the goals you should have before pursuing the case.
What do you think will happen after you sue?
Do you have the time and money to go till the end? Your employers will have a team of lawyers ready to take advantage of you and belittle you. So suing is expensive, especially if you do not have an employment attorney by your side. So you need to understand this before getting yourself into this.
Wrongful termination can be difficult to deal with. you may have a hard time understanding what just happened and why it happened to you. But that is not a reason to give up. You can sue your employer for your wrongful dismissal and file a claim to get the compensation you deserve.