How to Know You Are Wrongfully Terminated – The Basic Guide

Getting fired can be incredibly stressful. You might have gotten fired, or you are getting the signals that you are about to get fired. Whatever the situation is, it is stressful as you are not only losing a source of income but also your family’s health insurance. So, understandably, getting fired and losing one’s job is not an ideal situation. 

Also, you are more likely an at-will employee. However, you might still have a case for wrongful termination. 

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Nearly All States Are At-Will States 

People are fired every day, and it is never a pleasant experience. The chances are slim that anyone might walk away from a situation like this feeling happy. Getting fired also doesn’t necessarily mean that something illegal has happened because all states are technically “at-will” employment states. This aspect indicates that you can be fired for any reason or for no reason at all. 

Given the fact that your employer doesn’t give you an illegal reason – many states have some additional exceptions, among which public policy is the most common one. There can also be an implied contract exception; however, your respective state might have none of the mentioned exceptions in place. 

The Case of Contract Exception 

The case of a contract exception might be the hardest one to prove, and it generally puts all the pressure on the employee to have evidence that a contract was implied in the first place. So, we recommend keeping track of all conversations. You want to try to get everything in writing. You can do so by keeping all of your emails from the time when you are interviewing for a job and also holding on to the job description that you applied for. 

The Case of Goodwill Exception 

The act of determining whether your firing has been illegal essentially depends on the laws in your state. Several states have “goodwill” exceptions that require employers to provide a good reason for firing an employee. However, for the most part, a wrongful termination will fall under the following different categories if you are an at-will employee. 

Public Policy Violations

Public policy violations are a massive category for wrongful termination – however – it depends on the state that you are in. This type of wrongful termination is based on the public policies created either federally or through the state. For instance, if you were terminated because you took time off to serve on a jury, then this is an example of wrongful termination. Why, you might ask? The reason is that this aspect is protected by the federal government.

On that note, if you are wrongfully terminated due to the fact that you took time off to serve on a jury, it is in your best interest to call a wrongful termination attorney so the professional lawyer can help you get the best possible amount of compensation for your settlement. 

Retaliation

Retaliation happens to be one of the most common forms of wrongful termination. Typically, in this scenario, an employee does something that is legally protected, and an employer fires them in retaliation. This scenario could be filing a complaint with the EEOC or reporting someone for sexual assault. It could also include whistleblowing on an illegal activity. 

In the case of whistleblowing, you must prove the following in court:

  • Your employer was engaged in an illegal activity.
  • The activity instigated your employer to act, and their action had an adverse reaction on you, such as getting fired. 

Discrimination

Regardless of what state you are in, discrimination based on race, nationality, religion, sex, age, etc., is illegal. Nonetheless, the potential problem that you might run into is the act of proving that you were fired based on discrimination. The thing is that your employer in an at-will employment state could fire you for having the wrong shoes instead of disclosing their real reason, which can be based on discrimination. 

When it comes to discrimination, many states define “sex’ differently. 

Defamation

Defamation of character might be another reason for wrongful termination. You might be in a situation where your employer made false statements about you that caused you to lose your job or lead to not finding another job; then, you have a strong case of wrongful termination. It is important to mention here that defamation can be incredibly hard to prove. 

On that note, you need solid proof that the defamation happened and that the statements made by your employer were false, which led to you losing your job. 

Implied Contract

Implied contract is an exception that many states have in place. Now, this exception comprises implied promises, written promises, etc. Written promises are something that you should always keep documentation of. If you have proof of job security – either in written or implied – in your contract, and even though other promises were made before you started, it is illegal to fire you. 

Good Faith Exception

Another exception that we referred to earlier is the goodwill or good faith exception. This exception recognized the wrongful termination type as a breach of fair practice. This aspect indicates that your employer has done something ethically wrong by firing you. For instance, you might get fired by your employer as a way to prevent you from collecting commissions. 

This aspect, however, can also include the act of misleading you about promotions as well as fabricating your reasons for termination when they had really hoped you would agree to work for less money. More importantly, this aspect can also include making your work life harder and prompting you to quit. 

The Case of Whistleblower

Some states have different laws on whistleblowers. However, you should know that this aspect falls under the category of retaliation. This aspect is about a situation where you report your employer for a crime they committed. However, you are still legally allowed to maintain your job – though there might be some limitations. In some states, your job is protected if you report your employer for a violation of any law or ordinance – given the fact that they were guilty of that crime. 

Final Thoughts

Now, if you are pretty sure that you have been wrongfully terminated, the important question is about what you should do next. Your best bet is to find a lawyer who deals with wrongful termination. Make sure that the attorney is from your state, as the law can differ from one state to another. 

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