In the United States, most jobs are at-will employment. This means that an employee can quit their job at any time and likewise, an employer can terminate the employment at any time for various reasons. While this is true, there are certain situations where it is illegal for an employer to fire an employee, like for example as retaliation for reporting a health hazard. If an employer were to fire an employee for one of these illegal reasons, it is known as wrongful termination. Because there can be consequences for a company that is caught using wrongful termination practices, employers will often try to conceal their actions. To discuss your wrongful termination case with a skilled attorney, reach out to a Marquette wrongful discharge lawyer today.
There are many ways that an employer can attempt to conceal their use of wrongful termination practices. They know that what they are doing is unlawful and unethical so they will attempt to disguise the real reason for your firing under false pretenses. Below are common reasons why an employer may claim they are firing you to cover their tracks.
Company layoffs are a big way in which companies hide wrongful termination. A company may claim they are downsizing a department or in general and fire a large group of employees. However, this could be a coverup to fire employees for unlawful reasons. For example, if there is a mass layoff but most or all of the employees are over a certain age, the company may be disguising their age discrimination by claiming they are downsizing.
Another way to cover up their wrongdoing is by utilizing a technique called progressive discipline. If an employee witnessed and reported harassment in the workplace, the employers cannot fire them for doing so. Instead, they may begin writing up the employee for simple infractions and claiming there are performance issues. Then they will terminate the employee later based on their work performance.
If an employee is fired because the company has decided to do away with their role, it may be a hint that there is wrongful termination going on. Sometimes a position does become obsolete and gets removed, but oftentimes a company will claim this reason in order to legally terminate a specific employee. Then they might give their position a new title and fill it with someone else.
If you were a victim of wrongful termination in your workplace, you should acquire the services of a skilled attorney and file a lawsuit. If you were an at-will employee it can be more complex to prove wrongful termination, but with the help of your experienced lawyer, you can successfully press charges.
If you can gather enough information and evidence to prove that your employer’s motivation in dismissing you was based on illegal discrimination or retaliation against you, you may be able to collect damages. They could be ordered to pay you compensation for lost wages and emotional distress as well as punitive damages. Depending on your situation you may be able to be reinstated to your role or offered a severance package that provides compensation and benefits while you search for a new job.
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