Wrongful Termination: What to Do If You’ve Been Fired Unlawfully

Being fired from a job can be a distressing experience, but it’s even more troubling if the termination was unlawful. Wrongful termination occurs when an employer fires an employee in violation of labor laws, contractual agreements, or public policy. Employees who have been wrongfully terminated may have legal grounds to pursue a claim for damages. Understanding the reasons behind wrongful termination and knowing what steps to take is crucial for anyone facing this situation.

Common Reasons for Wrongful Termination

There are various reasons an employee may be wrongfully terminated, many of which are based on discrimination, retaliation, or a violation of employment contracts. Here are some of the most common grounds for wrongful termination claims:

• Discrimination: Federal and state laws prohibit employers from firing an employee based on protected characteristics such as race, age, gender, religion, sexual orientation, disability, or national origin. If a termination is based on any of these factors, it is likely unlawful.
• Retaliation: Employees who engage in certain protected activities, such as reporting workplace violations, filing a workers’ compensation claim, or complaining about illegal activities (like discrimination or harassment), are shielded from retaliation. If an employee is fired after participating in these activities, it could constitute illegal retaliation.
• Failure to Accommodate: Under the Americans with Disabilities Act (ADA) and California state law, employees with disabilities are entitled to reasonable accommodations. If an employee with a disability is fired after requesting necessary accommodations, this could be considered wrongful termination.
• Whistleblower Protections: Employees who report illegal activities within a company, such as fraud, safety violations, or environmental concerns, are protected by whistleblower laws. If an employee is fired for blowing the whistle on illegal conduct, their termination may be deemed unlawful.
• Breach of Contract: If an employee has a written or implied contract that outlines specific conditions for termination, firing the employee in violation of that contract could lead to a wrongful termination claim. Similarly, if company policies or verbal assurances suggest job security, firing someone in violation of those terms may be illegal.

What to Do If You’ve Been Wrongfully Fired

If you believe your termination was unlawful, it’s important to take certain steps to protect your rights. Here are some actions to consider:

1. Document Everything: Write down all details surrounding your termination, including any communications with your employer, performance reviews, or workplace incidents that may have led to the firing. This information can be valuable if you decide to pursue a wrongful termination claim.
2. Review Your Employment Rights: Familiarize yourself with your legal rights as an employee. Both federal and state laws protect workers from discrimination, retaliation, and wrongful termination. Understanding these protections can help you assess whether your firing was unlawful.
3. Reach Out to Your Employer: If you suspect that your termination was based on illegal grounds, it’s often a good idea to discuss the issue with your employer. A conversation or formal complaint may help resolve the situation before escalating it further.
4. Consult with an Attorney: If you believe you were wrongfully terminated, consulting with an attorney who specializes in employment law is crucial. A lawyer can evaluate your case, help you gather evidence, and guide you through the legal process if you decide to take action.

Legal Protections for Employees

Laws vary by state, but in general, employees in the U.S. are protected from unfair termination by several key legal frameworks. These include:

• Title VII of the Civil Rights Act of 1964: This federal law prohibits discrimination in the workplace based on race, color, religion, sex, or national origin.
• The Americans with Disabilities Act (ADA): Protects employees with disabilities from discrimination and ensures they are provided with reasonable accommodations.
• California Fair Employment and Housing Act (FEHA): Provides broader protections against discrimination, harassment, and retaliation in California.
• Whistleblower Protection Laws: Both federal and state laws protect employees from retaliation when they report illegal activities within their companies.

Taking Legal Action

If an employee’s rights have been violated, they may be entitled to a variety of remedies, including:

• Back Pay: Compensation for lost wages, including salary and bonuses, due to wrongful termination.
• Emotional Distress: Damages for the emotional toll caused by an unlawful termination.
• Reinstatement: In some cases, an employee may be entitled to return to their position.
• Punitive Damages: In cases of extreme employer misconduct, employees may be awarded additional damages to punish the employer.

In many cases, employees who are wrongfully terminated may need to file a lawsuit or claim with an administrative agency like the Equal Employment Opportunity Commission (EEOC) or the Department of Fair Employment and Housing (DFEH) in California.