Wrongful termination is just as it sounds, being fired for nothing related to your actual job or performance. In many cases, wrongful termination occurs due to discrimination or harassment in the workplace. Federal law makes it illegal to fire an employee based on discrimination. There are also many state laws that provide employees with protection against wrongful termination as a result of discrimination.
Examples of Wrongful Termination Based on Discrimination
If you were fired because of your age, race, gender, religion, sexual orientation or in retaliation because of reporting discrimination, you may be protected under wrongful termination laws. Here are some examples of wrongful termination based on discrimination:
- Fired because you’re pregnant
- Fired while on maternity leave
- Fired due to the insurance burden of fertility treatments
- Fired due to a disability
- Fired because of your race, color or national origin
- Fired because of your sexual orientation or gender identity
- Fired due to your religion
- Fired in retaliation for reporting discrimination or complaining
Almost all 50 states have an at-will doctrine of employment. This doctrine states that an employer can fire you at any time and for any reason that is legal under the law, without legal consequences. Firing an employee solely based on discrimination is not considered part of the at-will doctrine.
Proving Your Wrongful Termination Case
If you feel like you were fired due to discrimination, you have to be able to prove it. The first step is gathering evidence to support your claim. In order to do that, you should follow these steps and consider talking with wrongful termination lawyers to help you determine which actions to avoid during the process.
- Ask Why You Were Fired: Calmly ask your employer to give you the reasons why you were let go from your job. If you’re able, ask them to provide a written notice of termination or at least take notes during your conversation.
- Request Your File: You should ask for your entire personnel file and make copies of the documents within it. Note your employers are not legally obligated to give you your file, so you may have to have a lawyer subpoena it after you’ve filed your lawsuit.
- Start a Journal: Write down all of the details surrounding your termination as soon as possible so you don’t forget anything important. You should include:
- Positive experiences, if any, that happened prior to your firing, with dates and names when possible.
- Other employees whose performance was similar to yours but weren’t fired.
- The names and contact information of any co-workers who may be witnesses in your future case.
- Determine the Legality of Your Firing: If you or your lawyer conclude you were fired due to discrimination, you should file an EEOC complaint form. You should make copies of your application to the EEOC and anything you receive from them. Especially important is your “right to sue” letter.
- Review At-Will Employment Policies: Each state has their own policies, so you need to be aware of the policies and laws in your state. Also, have copies of any of the company’s employment termination policy to reference in your case.
- Search for a New Job: It’s not legally required for you to look for a job while you file your claims, but it will be better if you do. Looking for a job does two things: You could find a job that you enjoy and thrive in. Actively looking for a job also demonstrates your desire to work and your work ethic — judges and juries may see this action as positive evidence in your favor when deciding whether or not you are eligible for lost wages.
Seek Legal Help If You Feel You’ve Been Wrongfully Terminated
Since discrimination laws vary by state, having an expert on your state’s law will make the process much easier for you. Remember that you can file an EEOC complaint without having an attorney, but you should hire one to help you with your case. The EEOC may move slowly if this is a first-time complaint against your employer, so the more research and evidence your lawyer can gather, the better.
If you live in Pennsylvania, Weisberg Cummings, P.C., can help. Give us a call or send us a message online for a free consultation.
Contact an Attorney With Your Discrimination Concerns
While it’s true employment discrimination laws can be tricky, that doesn’t mean you should suffer in silence when you’ve been discriminated against. Remember, you have certain rights and protections under the law, and you don’t have to deal with a work environment that is hostile or uncomfortable. Try your best to react calmly to the situation and remain non-confrontational while you try to compose yourself.
If you remain in the job and are still facing discrimination, take thorough notes while you work with a lawyer to build your case. Remember, you don’t necessarily have to leave your job just because you are being discriminated against, though it’s okay if you decide that’s the best decision for you.
Get the Assistance You Need With Your Discrimination Case
If you’ve been fired or denied a job because of discrimination, don’t give up. Reach out to a discrimination lawyer to help you determine if you have a case you can pursue while you look for other employment and try to move on with your life.
Don’t assume all employers and workplaces will be the same. Eventually, you will find good people and a good place to work. Keep putting your best foot forward. Keep in mind if your case does go to court, a juror could look more favorably upon if you’ve actively looked for employment to replace your lost wages.
Remember, in some cases, it may not be easy for you to recognize discrimination. That’s why it’s good to have a guide like this to reference to help figure out whether or not you’re being discriminated against. If you have the feeling you are, you should contact a lawyer to determine if you have a case.
Most lawyers offer a free consultation to help you determine the next steps you should take in your discrimination complaint. Depending on your location and your circumstances, you may be able to file multiple lawsuits if you’ve been discriminated against.
If you’re in Harrisburg, Lancaster, Reading, York, or anywhere else in Pennsylvania, call Weisberg Cummings, P.C., at (855) 716-2367 to discuss your case with an experienced attorney. For your convenience, you can also send us a message online.
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