If you believe that you were fired from your job and you shouldn’t have, you may have a wrongful termination case. Though there are some things that quickly make a case a wrongful termination (such as discrimination), there are others that aren’t as clear.
So, do you have a wrongful termination case? Here are some reasons that you might have a wrongful termination case.
Discrimination is the most common reason for wrongful termination cases.
Your employer can’t fire you due to discrimination for any reason. This includes race, gender, sexual orientation, religion, age, and much more. You also can’t get fired due to a pregnancy or a disability.
You can’t be fired for whistleblowing.
Basically this means that your job is protected if you are reporting something illegal (or unethical) that is being done by your employer. If your work conditions aren’t safe, you need to report them (without worrying about the consequences).
This also is true if your employer is asking you to do something illegal.
Your job should be protected if you don’t want to do something illegal, such as working longer shifts without breaks. If you are fired because you are refusing to do what they ask, you may have a wrongful termination case.
You also can’t get fired if you are talking about issues with your colleagues.
Under the National Labor Relations Act, your job is protected even if you are talking about ways to improve your job. You could be talking about the conditions in your job or even the wages.
However, your job is not going to be protected if you are venting your frustrations out. So, basically, if you are working with your colleagues to make changes, your job should be safe. If you are venting to them, your job may not be safe.
The Family and Medical Leave Act allow you to take time off of work due to an illness (or a family member’s illness).
The Family and Medical Leave Act allows you to keep your job as you recover from an illness. If you are taking care of someone due to an illness, your time off is also covered under this act.
Other leaves also need to be acknowledged.
If you are in the military, your job should still be there when you come back from active duty. You also can’t lose your job if you are called into jury duty or you need time off to vote.
You shouldn’t lose your job because of your medical history.
The Genetic Information Nondiscrimination Act (“GINA”), is used to protect you when you have a medical condition (or you are predisposed of one). Your employers can’t fire you because they are worried about your family medical history.
If you believe that you have been wrongfully terminated, you should consult a lawyer quickly. He or she will be able to help you to see if you even have a case. You may have a case if you feel like you were discriminated against or if you were fired due to whistleblowing. If you were on leave (such as Family and Medical Leave or even serving in the military on active duty), you shouldn’t have to worry about losing your job!
If you do have a wrongful termination case, your lawyer will help you file charges with the Equal Employment Opportunity Commission, otherwise known as the EEOC. You may be eligible for back pay, compensatory damages, punitive damages, and even legal fees. You may also get your job back.
If you have questions about your situation, don’t hesitate to contact us. Aiman-Smith & Marcy focuses on employment law, consumer fraud, and class actions in California.
