Do you feel that you have been fired for an unlawful reason or just “for cause”? If yes, then you may have a claim for wrongful termination. In such a case you should contact a top employment law firm as wrongful termination involves complicated legal proceedings. As most employees work at-will, in such a situation they can be fired without any reason. However, they can’t be fired for unlawful reasons. Though employers needn’t give any reason for firing an employee at will, however, in most cases the employers choose to give a reason, such a case of termination is called “for cause”.
What are the unlawful reasons for termination?
An employee can’t be fired for a reason that is in breach of the employment contract. Firing in violation of anti-discrimination law, as a form of sexual harassment, in violation of labour laws and in retaliation for an employee’s complaint against the employer are just a few unlawful reasons for termination.
What are the considerations for a wrongful termination case?
There are a number of considerations taken into account by the attorney when analyzing a wrongful termination case. Some of the most common considerations are as follows:
- Employment Contract: The employer must comply with the contract’s provisions if there is a contract. In case your employment contract states the circumstances under which you could be fired, your employer can’t fire you for any other reason. If this is so, then your wrongful termination lawyer will work with you to review your contract and determine whether the reason for termination is contemplated by the contract or not.
- Employer policy: In some situations employer’s policies can provide with disciplinary procedures. In such a situation your attorney can help you to determine whether your employer had a discipline policy which they failed to show. If this is the case then your employer may be in breach of contract.
- Differential Treatment: If you were terminated due to performance issues, then it will be of your attorney’s interest to know whether other employees were terminated for the same reason. If not, then your lawyer might give suggest you that your employer treated you differently based on legally protected states like your gender, race or sexual orientation. It will be in the process of advising that the stated reason for termination is false, also known as a “pretext”.
- Retaliation: If you were terminated due to a workplace complaint or you blew the whistle on illegal activity at work, then you would be advised in favour of a retaliation claim. If the reported activity was not illegal, the employee continues to be protected if the report was made in good faith.
- Evidence: Your lawyer would want to review your employer documentation, it includes employee files and any other documentation relating to your termination.