An employee who has been wrongfully terminated in violation of a state or federal law may sue for wrongful termination to seek damages.
It is also illegal to fire an employee simply because they have filed a legal process complaint against the employer or because an employee has acted as a whistleblower and exposed the employer’s wrongdoing. If an employer fires you wrongfully, here are some steps you should take to protect your rights.
If you bring a wrongful termination claim, you alone do not assume full responsibility. A knowledgeable professional can guide you through the process and ensure you receive maximum benefits from your workers’ compensation claim. If you wish to make a license abuse claim or share your license abuse claims in Pittsburgh, PA, contact J.P. Ward & Associates today to learn more about your options with experienced employment lawyers.
Was Your Wrongful Termination case Illegal?
How do you know if the termination was legal or illegal if you were fired from your job? Most jobs are “at will,” meaning an employee can be terminated at any time for any reason or no reason. But there are important exceptions to the free will rule and remedies that can help you sue your former employer for wrongful termination.
If you have a written contract that promises job security, you have a strong argument that you are not an employee at will. For example, you may have an employment contract that states you can only be fired for cause or the reasons stated in the agreement. If so, you may be able to enforce those promises in court.
The existence of an implied employment contract, an agreement based on what your employer said and did, is another exception to the free will rule. This cannot be easy to prove, as most employers are careful not to promise continued employment. However, implicit contracts have been found in which employers promise “permanent employment” or work for a fixed period or in which employers establish certain forms of progressive discipline in an employee handbook.
Employers cannot fire employees for illegal reasons, and discrimination is unlawful. If you think you want it, you have a license based on your race, color, national origin, sex, religion, age, disability, rudeness, or genetic information. You should get one right away and consult a wrongful termination lawyer. Discrimination complaints are subject to strict timelines and regulations.
Employers are prohibited from retaliating against employees for engaging in certain activities protected by employment law. To prove that you lost your job as a result of unlawful retaliation from your employer, you must provide evidence of the following:
You were involved in an activity protected by law, such as a formal complaint to your employer about harassment or discrimination.
This activity motivated your employer to take action. For example, you received a reprimand after your employer discovered that you had made a sexual harassment complaint.
A defamation lawsuit aims to protect a person’s good name and standing in the community. To prove that the defamation was part of your job loss, you must show that your former employer made false and malicious statements about you while you were fired, which made it more difficult for you to find employment.
Whistleblower laws protect employees who report illegal activity in the public interest. Some states protect whistleblowers who complain that their employer has broken the law or regulation. Other states only provide workers with whistleblower protection if they report that their employer has violated specific rules, such as environmental regulations or labor laws.
Common Types of Wrongful Termination
Here are some common scenarios that can result in wrongful termination:
Sexual Harassment and a Hostile Work Environment
In some organizations, sexual harassment is so pervasive and ingrained in the culture that it creates a hostile work environment in which employees find it challenging to be productive and perform their duties effectively. Employees are sometimes forced to resign because they can no longer tolerate harassment.
Sexual harassment should never be tolerated. If you’ve been sexually harassed at work and believe you were fired as a result of your complaint, or if you quit your job because you couldn’t take it anymore, you may be able to seek legal counsel for wrongful termination and seek compensation.
State employee rights and federal laws make it clear that it is unacceptable for an employee to be mistreated because of their race or color.
Racial discrimination in the workplace can include excluding employees of a particular race from specific jobs, making decisions about hiring, firing, or promoting employees based on race, or making racial stereotypes or distinctions based on skin color.
If you reported illegal activity to your employer and were fired, you may have been wrongfully dismissed.
You may also have been wrongfully terminated if you were terminated after reporting illegal activity in your workplace, such as security breaches, fraud, etc. Hiring wrongful termination lawyers to assess whistleblower violations can uncover evidence that may have been overlooked.
Wage and hourly dispute Unjustified Termination
If you fought with your employer about unpaid wages, commissions, or overtime and were fired, you may be able to sue for wrongful termination. Wage and hour disputes can be complex and overwhelming.
If you are filing a wrongful termination claim over pay and hour issues, collecting documents such as pay slips, employment contracts, company policies, schedules, etc., would be in your best interest. These documents can help strengthen your claim and serve as valuable evidence.
Related Article: How Long Does a Wrongful Termination Case Take?
Pittsburgh Wrongful Termination Lawyer at J.P. Ward & Associates, PA
At J.P. Ward & Associates, we provide excellent legal services in Pittsburgh, PA.
Our legal professionals are highly experienced and dedicated to providing quality jury duty and public policy. We have offered wrongful termination services for over ten years and have mastered the best techniques for quality work in the industry.
Contact us today and let our wrongful termination lawyer help you.