Getting fired is never fun, but when the reason behind your termination is illegal it can be both frustrating and devastating. If you were recently fired and believe you were wrongfully terminated, Ben Barret Law can help you understand your rights and legal options going forward. Speak with an Atlanta wrongful termination attorney today to discuss whether or not you can sue your employer and obtain skilled representation.
What is Wrongful Termination?
Wrongful termination refers to the firing of an employee for unlawful reasons. Most employment is at-will, meaning there is no contract involved and both the employer and employee can end the relationship at any time. Essentially, the employee can quit without warning and for any reason, and the employer can terminate the employee without warning and for any reason.
Although this is generally true, there are a few ways that the firing of an employee can be considered illegal. The following are some unlawful ways an employer can fire an employee.
- Breach of contract: If your employer terminates you in a way that violates a written or oral contract made between the two of you, you may have been wrongfully terminated.
- Discrimination: The federal government protects certain classes of people from discrimination in the workplace. It is illegal for an employer to fire you based on your race, color, religion, gender, sexual orientation, national origin, etc.
- Retaliation: Workers who report discrimination, sexual harassment, or other issues in the workplace are protected by labor laws. Firing an employee in retaliation for any of these things is unlawful.
- Whistleblower retaliation: Similarly, whistleblowers are protected from retaliation as well and cannot be terminated based on their reports.
- Refusing to commit a crime: If the employer or a coworker attempts to get you to commit any illegal activity you cannot be terminated based on your refusal to do so.
- Exercising a statutory right: If you are a U.S. citizen you have the right to vote, participate in jury duty, and exercise other rights. You cannot be terminated because you choose to exercise any of these rights.
- Reporting a crime: Reporting a coworker for a crime, while not always protected under whistleblower laws, cannot legally result in your being fired.
How Can I Sue for Wrongful Termination?
Your first step after being wrongfully terminated should be to discuss the situation with your employer or HR. There may have been a misunderstanding or miscommunication between the parties. If this is not the case, reach out to a skilled employment lawyer to discuss your options. They can help you file a formal complaint with the EEOC (Equal Employment Opportunity Commission) and help you understand the legal process of filing a lawsuit.
Through a lawsuit, you may be able to collect compensation for lost wages, emotional distress, punitive damages, and more. Set up a consultation with an experienced lawyer today.