Can I Sue for Wrongful Termination?

Everyone has bills to pay so getting fired from your job can be frightening. Depending on the nature of your job your employer is entitled to terminate your employment at any time. However, there are ways in which you can be wrongfully terminated. If you experienced wrongful termination you may be able to sue your former company or employer. A Marquette wrongful discharge attorney can help you understand your legal options and guide you through the process of pursuing legal action for wrongful termination.

What is At-Will Employment?

Most jobs are categorized as “at-will” employment. At-will employment refers to a relationship between an employee and employer that allows both parties to end the employment agreement at any time. Unless you have a contract with the company your employment is at-will, meaning that you can quit your job at any time and your employer can fire you at any time.

Wrongful Termination Defined

Although at-will employment can be terminated at any time and for any reason, there are certain exceptions to this rule. If you were let go for any of the following reasons you may have been wrongfully terminated.

Discrimination

Under several federal laws, employers cannot base employment decisions on a person’s race, color, religion, sex, sexual orientation, national origin, age, disability, and more. This includes termination. If you were fired based on any of the previously listed characteristics that is wrongful termination.

Retaliation

U.S. labor laws protect employees from retaliation for reporting discrimination, sexual harassment, workers’ compensation, etc. If you reported inappropriate or illegal behavior you cannot be terminated because of it.

Breach of Contract

If you and your employer have a valid contract that states the time frame of your employment, they cannot break your contract by firing you before the agreed-upon date. This may apply to either written or oral contracts.

Whistleblower Retaliation

Whistleblower rights state that certain employees are protected from retaliation for reporting issues related to public safety, employee safety, environmental protection, fraud, etc. You cannot be fired for whistleblowing.

The above are generally illegal firing practices, but you may also have been wrongfully terminated for reporting illegal activity not protected by whistleblower’s rights, refusing to commit a crime, and more.

Am I Able to Sue My Employer After Being Wrongfully Terminated?

You may be able to sue your employer after being wrongfully terminated depending on the specifics of the situation. Whether or not you have a valid case depends on the nature of your employment and your employer’s motivation for firing you. If you are able to prove that your termination was based on an illegal reason, you may be able to successfully sue your employer.

If you believe your firing violates your employment rights contact an attorney. Proper procedure includes filing a complaint with the Equal Employment Opportunity Commission. Your lawyer can help you navigate the process and build your case if you decide to pursue legal action.