Being fired from any job can be very frustrating and upsetting. It can be even more stressful to lose a job when you have strong reason to believe that you may have been wrongfully terminated from your position. If you are in a situation where you suspect that your termination was wrongful, it is in your best interest to consult a wrongful termination attorney to review the details of your firing and find out if you have a strong wrongful termination lawsuit. Some common signs of wrongful termination of employment include the following
Discrimination Played a Role in Your Termination
According to federal law, employers are prohibited from discriminating against employees or terminating their employment due to age, race, religion, sex, or disability. It is also against the law for an employee to fire a female employee because she is pregnant. While all employers should understand the laws regulated by the Equal Employment Opportunity Commission, there are unfortunately those who do not, and people do indeed get fired due to discrimination. If you think that discrimination played any role in your termination, talk to a wrongful termination attorney.
Termination Was a Form of Retaliation
Employers are not allowed to use termination as a form of retaliation against an employee. All employees should feel comfortable filing a valid workers' compensation claim, reporting any illegal activity being conduct by a member of the company, or addressing sexual harassment in the workplace. If your employer fires you for any of these reasons or for similar reasons as a way to retaliate against you, they can get in quite a bit of trouble legally for wrongful termination.
You Had a Contract
While the majority of employees work at-will, there are those who have an employment contract with their employer. An employment contract will outline the length of the contract, the job duties, compensation, and terms that can invalidate the contract and lead to termination. When a contract is in place, an employer can't terminate employment for reasons not outlined in the contract. If you had a valid contract with your employer and you were terminated within the contract period, have a wrongful termination attorney review your contract and the details of your case.
Fired for Taking FMLA Leave
If an employee qualifies, he or she is allowed to take unpaid leave through the Family Medical Leave Act, and their employer must hold their position until they return from leave. If you have applied for FMLA leave and have been approved, you are entitled by law to take the time off without fear of losing your job. If you have a clean employment record without any reprimands and you are suddenly terminated when you take FMLA leave, you may have a wrongful termination case.