Readers are probably aware that in most cases they can leave their job for any reason, at any time. Likewise, most employers can let someone go in the same fashion. That said, there are a few situations where a business terminating the employment of another is actually against the law. If you feel that you have lost your job due to one of these illegal factors, you may have the basis for a wrongful termination lawsuit.
Individuals who pursue this course of action could receive multiple types of damages. These include injunctive relief, reinstatement, promotion and if necessary, reasonable accommodations. In additional monetary relief could be granted in the form of compensatory damages, front pay, back day and punitive damages. In addition, Attorney’s fees could be covered.
Some of the reasons for which an employee cannot be fired mirror the reasons for which someone cannot be discriminated against:
- Age.
- Pregnancy.
- Disability.
- Religion.
- Sex.
- National origin.
- Color.
- Race.
Being fired for one of these is not the only situation that could be construed as wrongful termination. Such an action could be deemed illegal when an employee believes that his or her termination is in retaliation for something the employee did or didn’t do. For example, if a worker is fired in response to the employee refusing to engage in an illegal activity when asked, the employer might be held responsible for that action.
Depending on the allegation an employee levels against an employer the first step in pursuing action against an employee will be to file a charge of complaint with the Equal Employment Opportunity Commission. For help with this stage or with a case in court, working with a lawyer who handles employment matters is usually a good idea.
Source: FindLaw, “Was I Wrongfully Discharged From My Job?” Accessed Oct. 15, 2014
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