Employers have various lawful reasons for terminating employees, but there are also illegal reasons for such an action.
If you believe the reason your employer fired you was unlawful, you may be in a position to file a wrongful termination claim.
Legal termination
In light of the economic downturn, perhaps the company you work for must reduce the size of its workforce. Perhaps the company is going out of business and must let all employees go. On the other hand, if the employer is terminating just you and nobody else, the decision may result from your poor performance. These are all valid reasons for terminations.
Wrongful termination
There are a number of examples of wrongful termination, including:
- Violation of federal and state anti-discrimination laws
- Violation of written or oral employment agreement
- Firing an employee in retaliation for “whistle blowing”
- Firing an employee in retaliation for complaining of discrimination, sexual harassment or a hostile workplace environment
Severance agreements
If you have a possible wrongful termination claim against your employer, you may come away with a severance package even if you do not have an employment contract that covers it. Keep in mind that if you are age 40 or older, the contents of your severance package must align with the requirements of government agencies such as the Equal Employment Opportunity Commission and the Americans With Disabilities Act.
Legal remedies
If the company has not yet released you, your attorney may be able to negotiate your reinstatement or assist in putting together an appropriate severance package. You should receive compensation as well as unemployment benefits while you look for a new job. Your attorney can also assist if you decide to file a wrongful termination claim.
