Employment in most cases is considered “at will,” and what that means is that your employer has the right to terminate your employment at any time for any reason, or for no reason at all. However, it’s probably obvious by now that that is a very general statement, and it isn’t without its exceptions. That is why it’s so important to hire an employment attorney to review your specific case and determine if you have been wrongfully terminated. You do have rights that are protected under employment discrimination laws. Your employer cannot just fire people for “any” reason without first considering whether or not it was right. So, if your employer fired you because you consistently showed up late every day, then that would be within their legal right to do so.
However, by law, it is illegal to terminate an employee on the basis of:
- Sex or gender
- Race
- Ethnicity
- Nationality
- Religious beliefs
- A disability
- Age
If you believe that your employer wrongfully discharged you for any of those reasons, then read on to learn more about what to do in order to prepare for your wrongful termination case. It is important to take the proper steps before filing your suit, and determining what kind of an employee you are. If you are an “at-will” employee then your case will be handled differently than an employee who was not.
Contract in Writing
A written contract is a tangible document, or series of documents, that serves as an agreement between an employer and employee, and usually includes the following details:
- Wages or salary
- Duration of employment
- Primary responsibilities
- Rules regarding email and phone use
- Confidentiality statement
- Benefits (health insurance, 401K, sick and vacation time, and other perks)
- A non-complete clause, if applicable
- Social media policy
Contracts may also include other kinds of documents specific to your employer. You want to check if there were any other written documents that you signed that are not listed above.
Implied Promise
If there was an understanding of guaranteed employment based on things your employer said or did, then your contract may not have been an “at will’ contract. Many employers are mindful of what to say around employees to lead them to think that their employment is guaranteed, such as referring to their involvement in future events or in roles above your current position. This is a lot harder to prove, as there is no tangible evidence, but the court will take into consideration:
- If guaranteed employment was implied during
- How long you’ve been employed
- How often you have been promoted within your company
- Previous performance reviews
- Statements or actions taken that made you believe you’d have guaranteed employment
- Whether or not your employer took the proper steps in terminating your employment
Discrimination
By law, you are protected from being terminated due to your age, race, gender, and several other protected classifications. You cannot file a suit for discrimination, however, unless you have filed a complaint with certain state and federal agencies. Hiring an experienced attorney will help you take the right steps to improve your chances of winning your case.
Retaliation
If you participated in a protected activity, such as reporting sexual harassment, and consequently received low performance reviews and a subsequent firing, then you may be a victim of retaliation. It is important to obtain any copies of performance reviews to provide to your attorney.
