lawsuit

Can My Employer Fire Me For Suing Them?

In today’s modern society, there is an atmosphere of peace, justice, and equality for all. People want to be treated with care and respect regardless of their status and the choices they make in life. Can you imagine being fired from your place of employment because you sued the company? Unfortunately, this is something that can become a reality. According to a 2020 report published by “The National Law Review”, the U.S. Equal Employment Opportunity Commission (EEOC) received 67,448 charges from workers.

 

Suing the company you work for while you’re still an employee is tricky and can cause more harm than good. The truth of the matter is most states are at-will which means that you can get fired for any reason at any time – this includes suing your employer. However, if you charge your employer on the basis of wrongful termination under the guise of discrimination or other reasons protected under the law, it is illegal to be fired. According to the U.S. Equal Employment Opportunity Commission concerning Title VII of the Civil Rights Act, discrimination based on national origin, disability, marital status, pregnancy, race, color, ethnicity, religion, sex, and other factors that fall into this category is forbidden. Based on the provisions of this civil rights act, discrimination grounded on these factors when it comes to hiring, promoting, and terminating is also banned.

 

If you’ve recently lost your job due to termination after suing, we understand that this is a difficult time for you. Maybe you saw it coming due to warning signs from employers or perhaps, like some people, you understood the risks involved with going to HR with a complaint and then following up with a lawsuit. When it comes to employee termination, your employer doesn’t have to be honorable however, they must be lawful. If you’re suspicious that your termination was on unwarranted grounds aside from suing, you may qualify to receive relief from your employer. You should consult with our skilled wrongful termination attorneys as soon as possible to establish your case.

In today’s modern society, there is an atmosphere of peace, justice, and equality for all. People want to be treated with care and respect regardless of their status and the choices they make in life. Can you imagine being fired from your place of employment because you sued the company? Unfortunately, this is something that can become a reality. According to a 2020 report published by “The National Law Review”, the U.S. Equal Employment Opportunity Commission (EEOC) received 67,448 charges from workers.

 

Suing the company you work for while you’re still an employee is tricky and can cause more harm than good. The truth of the matter is most states are at-will which means that you can get fired for any reason at any time – this includes suing your employer. However, if you charge your employer on the basis of wrongful termination under the guise of discrimination or other reasons protected under the law, it is illegal to be fired. According to the U.S. Equal Employment Opportunity Commission concerning Title VII of the Civil Rights Act, discrimination based on national origin, disability, marital status, pregnancy, race, color, ethnicity, religion, sex, and other factors that fall into this category is forbidden. Based on the provisions of this civil rights act, discrimination grounded on these factors when it comes to hiring, promoting, and terminating is also banned.

 

Wrongful discharge laws vary from state to state. Some states uphold the “employment-at-will” statute which means that an employer can let you go for any reason or no reason at all. This occurrence can happen with or without notice, as long as the discharge does not violate any employment laws. With At-will employment, workers are employed for an indefinite period of time but there is still a chance to be terminated. Typically, if an employee is at will, this clause is included on the employer-employee contract. Nevertheless, if you’ve been wrongfully terminated as a result of discrimination, fraud, retaliation, defamation, or whistle-blowing you should contact a lawyer right away.

 

Now that we’ve established when a termination is unjustified, let’s examine the signs of illegitimate termination:

 

  • Your employer made comments or engaged in activities regarding your employment soon before your termination;
  • Your termination was in direct violation of language in an employment contract, agreement, or policy;
  • Employees received different treatment for engaging in the same behavior as you;
  • You attempted to enforce your rights or fulfilled a civic obligation soon before your termination.

 

If you’ve experienced any of the above, it’s pertinent to have as much documentation as possible to prove the legitimacy of your claim. Keeping records of emails, events, and instances of wrongdoing or other discriminatory elements will prove to be beneficial when filing a lawsuit against your place of employment. Wrongful termination is also much easier to prove if you can show that your work performance was satisfactory or above average prior to termination. Although, it is imperative that you lawfully obtain references and documented proof. You should also be mindful that you are not giving your company a legitimate reason to discharge you such as defiance.