Virtually all employees in the United States are regulated under a policy commonly called “employment at-will.” At it’s core, at-will employment means that an employer can terminate an employee for any reason, and even no reason at all. Employees benefit from the policy as it allows a person to quit a job without giving notice. Employees can take another job, even with a competitor, and there is nothing a former employer can do about it.
Federal laws establish the basis of employment law in the United States. Some states and local areas have additional laws on the books to strengthen protections, but the majority of employers are required to conform to regulations laid out by the United States Department of Labor (DOL). Covering more than 125 million American workers, the rules and laws administered by the DOL provide guidelines for employers on multiple topics, from wages and hours to termination.
The DOL enforces laws that prevent employers from discriminatorily terminating employees, and from firing workers who are protected by whistleblower law and non-retaliation policies. Unless an employee has a signed contract that details the specific reasons allowed for termination, or if the employee was fired in violation of anti-discrimination or whistleblower laws, the employee has little recourse to hold an employer liable for wrongful termination.
If you or someone you love has been fired, and you think the firing might qualify as wrongful termination, the following checklist will help you determine if you should pursue a claim.
-Wrongful Termination Checklist-
Answering YES to any of these questions might indicate you have a valid wrongful termination case.
- Did your former employer say discriminatory things to you, or send messages to you that clearly show discrimination?
- Did your former employer fire you after learning specific characteristics of you, like age, religion or sexual orientation?
- Did your former employer treat certain employees differently than you in similar situations?
- Did your former employer do or say anything that indicates they prefer some types of people or groups of employees over others?
- Did your former employer say insulting things about you or other employees, even if those comments were not directed at you?
- Did your former employer regularly insult you or other coworkers in front of others?
- Did your former employer try to convince you to have sex to keep your job or get benefits others would not receive?
- Did your former employer make sexually derogatory comments, make unwanted sexual offers or demand you wear sexually suggestive clothing?
- Did a romantic relationship between you and your former employer end prior to your termination?
- Did your former employer fire you after you reported health or safety violations?
- Did your former employer fire you for participating in an investigation?
- Did your employer tell you not to participate in investigations?
- Did your employer fire you while you were on medical leave?
- Did you have a signed employment contract with your former employer that details reasons for termination?
- Did your former employer have an employee handbook that details reasons for termination?
- Did you former employer make promises verbally or in writing that you would not be fired without cause?
Do You have a Case?
If you answered yes to any of the above questions, you might have a case. Wrongful termination can be one of the most difficult things to prove in court, so it is important that if you are thinking about bringing a wrongful termination claim against a former employer, you should read the sections that apply to your situation. Contacting an experienced employment lawyer as soon as possible is a wise decision. Statute of limitations and the difficulty of gathering evidence greatly impact the filing of wrongful termination claims, and a skilled employment lawyer will help you get the correct documents filed and evidence gathered to prepare your case.