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Wrongful termination is just as it sounds, being fired for nothing related to your actual job or performance. In many cases, wrongful termination occurs due to discrimination or harassment in the workplace. Federal law makes it illegal to fire an employee based on discrimination. There are also many state laws that provide employees with protection against wrongful termination as a result of discrimination.
If you were fired because of your age, race, gender, religion, sexual orientation or in retaliation because of reporting discrimination, you may be protected under wrongful termination laws. Here are some examples of wrongful termination based on discrimination:
Almost all 50 states have an at-will doctrine of employment. This doctrine states that an employer can fire you at any time and for any reason that is legal under the law, without legal consequences. Firing an employee solely based on discrimination is not considered part of the at-will doctrine.
If you feel like you were fired due to discrimination, you have to be able to prove it. The first step is gathering evidence to support your claim. In order to do that, you should follow these steps and consider talking with wrongful termination lawyers to help you determine which actions to avoid during the process.
You should ask for your entire personnel file and make copies of the documents within it. Note your employers are not legally obligated to give you your file, so you may have to have a lawyer subpoena it after you’ve filed your lawsuit.
Write down all of the details surrounding your termination as soon as possible so you don’t forget anything important. You should include:
If you or your lawyer conclude you were fired due to discrimination, you should file an EEOC complaint form. You should make copies of your application to the EEOC and anything you receive from them. Especially important is your “right to sue” letter.
Each state has their own policies, so you need to be aware of the policies and laws in your state. Also, have copies of any of the company’s employment termination policy to reference in your case.
It’s not legally required for you to look for a job while you file your claims, but it will be better if you do. Looking for a job does two things: You could find a job that you enjoy and thrive in. Actively looking for a job also demonstrates your desire to work and your work ethic — judges and juries may see this action as positive evidence in your favor when deciding whether or not you are eligible for lost wages.
Since discrimination laws vary by state, having an expert on your state’s law will make the process much easier for you. Remember that you can file an EEOC complaint without having an attorney, but you should hire one to help you with your case. The EEOC may move slowly if this is a first-time complaint against your employer, so the more research and evidence your lawyer can gather, the better.
If you live in Pennsylvania, Weisberg Cummings, P.C., can help. Give us a call or send us a message online for a free consultation.
While it’s true employment discrimination laws can be tricky, that doesn’t mean you should suffer in silence when you’ve been discriminated against. Remember, you have certain rights and protections under the law, and you don’t have to deal with a work environment that is hostile or uncomfortable. Try your best to react calmly to the situation and remain non-confrontational while you try to compose yourself.
If you remain in the job and are still facing discrimination, take thorough notes while you work with a lawyer to build your case. Remember, you don’t necessarily have to leave your job just because you are being discriminated against, though it’s okay if you decide that’s the best decision for you.
If you’ve been fired or denied a job because of discrimination, don’t give up. Reach out to a discrimination lawyer to help you determine if you have a case you can pursue while you look for other employment and try to move on with your life.
Don’t assume all employers and workplaces will be the same. Eventually, you will find good people and a good place to work. Keep putting your best foot forward. Keep in mind if your case does go to court, a juror could look more favorably upon if you’ve actively looked for employment to replace your lost wages.
Remember, in some cases, it may not be easy for you to recognize discrimination. That’s why it’s good to have a guide like this to reference to help figure out whether or not you’re being discriminated against. If you have the feeling you are, you should contact a lawyer to determine if you have a case.
Most lawyers offer a free consultation to help you determine the next steps you should take in your discrimination complaint. Depending on your location and your circumstances, you may be able to file multiple lawsuits if you’ve been discriminated against.
If you’re in Harrisburg, Lancaster, Reading, York, or anywhere else in Pennsylvania, call Weisberg Cummings, P.C., at (855) 716-2367 to discuss your case with an experienced attorney. For your convenience, you can also send us a message online.
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