Wrongful Termination: Understanding Your Rights and Taking Action

Sophia Patel
Published Aug 8, 2024


If you've lost your job and believe it was unjust, you might be facing wrongful termination. This occurs when an employer fires an employee for illegal reasons. 

Below, we outline what counts as wrongful discharge and what steps you can take if you find yourself in this situation.
 

Common Reasons for Wrongful Termination


Your job dismissal might be considered illegal if it occurred for any of these reasons:
 
  • Discrimination: Your employer cannot terminate your employment based on race, color, religion, sex, national origin, disability, genetic information, or age—if you are 40 or older.
  • Violation of Labor Laws: Being fired in contradiction to federal or state labor laws, including whistleblower protections when reporting illegal activities.
  • Harassment: If termination is a result of you reporting or refusing to participate in workplace harassment.
  • Safety Violations: Being dismissed for reporting or refusing to carry out tasks that would result in a safety violation.

Don’t Miss: Navigating Workplace Discrimination: Your Rights and Legal Recourse

It can also be wrongful if the employer doesn't follow their own termination policies when letting you go.
 

Steps to Take After Wrongful Termination


Here are some important steps to take if you believe you have been wrongfully terminated from your job. It's important to be aware of your rights and take appropriate action to protect yourself. 

Keep the following information in mind and take the necessary steps to address the situation.

Discrimination

If discrimination was the reason for your termination, file a charge with the Equal Employment Opportunity Commission (EEOC).

Retaliation

Suppose you were terminated for reporting unsafe or illegal activities. In that case, you might have whistleblower protections and should report the incident to the Occupational Safety and Health Administration (OSHA).

Legal Rights Violation

If you were fired for using your rights under labor law—like taking leave, or for issues concerning wages or overtime—contact your state's labor department or the Department of Labor's Wage and Hour Division.
 

Seeking Legal Advice


If you believe you've been wrongfully terminated for reasons not covered by state or federal law, it may be wise to consult a legal expert. Remember that if you're considering a lawsuit for discrimination, you must first file a claim with the EEOC.

For any further questions, feel free to contact a government representative for free assistance. They will help you with the information you need or guide you to the right place.

Keep in mind these steps can help you understand your situation better and determine whether you have a case for wrongful termination. For the most current information, make sure to visit the official website or contact a legal professional.

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