How do you protect your rights after you’ve been wrongfully fired from your workplace? You might be feeling a mix of emotions, not all of them healthy, and it can be difficult to look on the bright side. But let us assure you, there is one!
Terminations can violate state or federal law and there are certain rights you can enforce. Many workers assume that since they’re employed at will they can be fired at any time, in any way possible.
In reality, that’s not the case. The law sets limits on how employees can be terminated. The quicker you act the easier it will be to protect your rights and find solutions.
Right #1: Protection Against Discrimination
Let’s discuss one of the strongest rights provided to you by federal laws. Workers cannot be discriminated against. Under Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), it is unlawful for employers to terminate you because of your race, color, sex, religion, national origin, disability, or age (40+). Many states go even further, including sexual orientation, gender identity, marital status, or political activity.
If you feel like your termination was a result of discrimination, you must file a charge with the Equal Employment Opportunity Commission (EEOC) or your state’s fair employment agency. They can investigate your claim and even file a lawsuit on behalf of you if you don’t have access to an attorney. But remember, you might only have 180 days!
Reaching out to a lawyer can make this much easier as they can identify any patterns of discrimination in your workplace through call records, emails, or other evidence. They can also facilitate the filing of the claim with the EEOC in time.
Right #2: Protection Against Retaliation
Legally, it is forbidden for employers to punish employees for standing up for their rights. It is illegal for workers to be terminated for one of the following reasons;
- Reporting harassment or discrimination
- Filing a wage or overtime complaint
- Reporting unsafe working conditions
- Taking legally protected family or medical leave
- Filing or assisting in a workers’ compensation claim
These are some of the most common cases filed with the EEOC. However, you have a strong case only when you are able to establish a clear connection between the protected activity and termination. This is where a lawyer can help.
Right #3: Protection for Leave and Benefits
Under the Family and Medical Leave Act (FMLA) employees are entitled to up to 12 weeks of unpaid leave for certain medical or family reasons. You cannot be terminated for taking FMLA leave. You can also file a claim against an employer if you suspect you’ve been fired so they can avoid paying health insurance benefits, retirement contribution, or accrued vacation pay.
In such cases, a lawyer well-versed in termination laws can identify where you should file a claim. The process may take a long time and employers might bring various arguments to the table, trying to prove that the termination was for unrelated reasons.
Make sure you rely on a lawyer who has enough experience in termination lawsuits to be able to defend against these arguments and collect the evidence you will eventually need.
Right #4: Contract and Public Policy Protections
Contracts matter everywhere. If you have a written employment agreement or are covered by a union contract hire a lawyer and go through it line by line. Understand the termination clauses and analyze whether your termination follows those procedures.
An employer also cannot fire you for reasons that offend public values. So if you blow the whistle on corporate fraud or you express discomfort at any illegal acts performed at the workplace, you certainly cannot be terminated for that.
Why Do You Need Legal Counsel
Legal counsel helps you enforce your rights. Simple as that. Employment law is pretty complicated and there are a lot of rules to be followed. Since you haven’t studied it professionally you have no clue of the many different ways you could end up losing the case.
An experienced lawyer gets you a great deal through negotiations or fights for you during a trial if it comes to that. They provide you the following benefits;
- Identification of legal protections that apply to your unique scenario.
- An assurance that complaints will be filed on time with the right agency.
- Organized evidence that adds strength to your claim.
- Negotiation with employers if they are willing.
- Representation in litigation if necessary.
So, while you need knowledge of your rights to be able to protect them, you need a lawyer to enforce them.
To Sum It Up
You don’t need to feel powerful after a wrongful termination. Remember that labor law is always on your side. You may not realize it, but you can definitely seek legal counsel to explore your options.
Act quickly, preserve as much evidence as you can, and hold your employer accountable if you feel you have been unfairly treated. The time to act is now!
William Gall is a seasoned attorney specializing in civil litigation and family law. With a legal career spanning over two decades, William has built a reputation for his meticulous attention to detail and his unwavering commitment to justice. In addition to practicing law, he is a prolific writer, contributing regularly to various legal blogs where he shares his insights on current legal trends, case law, and best practices. His articles are well-regarded in the legal community for their thorough research and practical advice, making complex legal concepts accessible to both legal professionals and the general public.