Wrongful termination is when an employer fires an employee in violation of the law or against the terms and conditions specified in the employment contract. In this blog, we’ll unpack this legal concept, explore examples, the burden of proof, and the possibility of legal action.
What are Wrongful Termination Examples?
- Discrimination-Based Termination
One common form is termination based on discrimination, including race, gender, age, religion, or disability. If an employee is let go solely due to these protected characteristics, it may constitute wrongful termination.
- Retaliation
Wrongful termination can also occur when an employer fires an employee in retaliation for exercising their legal rights. For example, filing a complaint about workplace harassment or unsafe conditions.
- Breach of Employment Contract
If an employment contract is in place, termination in violation of its terms can be considered wrongful. This includes firing an employee without cause when the contract specifies conditions for termination.
- Whistleblower Retaliation
Employees who expose illegal or unethical practices within their organization are protected from retaliation. Wrongful termination can occur if an employer fires an employee for whistleblowing.
How to Prove Wrongful Termination
- Documenting the Facts
Maintain a detailed record of events leading up to your termination. This includes emails, performance reviews, witness statements, or any other relevant documentation that supports your case.
- Establishing a Causal Connection
Connecting the dots between your termination and a protected activity is crucial. If you believe you were fired for discriminatory reasons, establishing a direct link between the termination and the discrimination is essential.
- Expert Testimony
In some cases, expert witnesses may be called upon to provide insights into industry norms or to attest to the validity of your claims. Their testimony can add weight to your case.
Can You Sue for Wrongful Termination?
Yes, in many instances, you can pursue legal action for wrongful termination.
Before filing a lawsuit, many employees are required to file a complaint with the Equal Employment Opportunity Commission (EEOC). This step is essential for certain types of claims.
- Legal Representation
Hiring an experienced employment lawyer is crucial. They can guide you through the legal process, ensuring you meet all requirements and presenting a strong case on your behalf.
How Long Do You Have to Sue for Wrongful Termination?
The timeframe for filing a lawsuit varies by jurisdiction and the nature of the claim. It’s crucial to act promptly, as there are statutes of limitations that limit the time within which you can file a lawsuit.
Can a 1099 Employee Sue for Wrongful Termination?
While 1099 (independent contractor) employees do not have the same protections as traditional employees, they may still have legal recourse if their termination violates a contractual agreement or involves unlawful practices. Contact an employment lawyer to help you navigate your unique case.
How Often Are Wrongful Termination Cases Won?
The success rate of these cases varies, but many factors contribute to a favorable outcome. Strong evidence, legal expertise, and a well-prepared case increase the likelihood of success.
Wrongful Termination Lawyers
If you believe you’ve been wrongfully terminated, seeking legal advice is the first step toward asserting your rights. At Shaumyan & Derbarseghian, LLP, we specialize in employment law and have a team of expert and knowledgeable attorneys ready to assist you.
Our team of experienced attorneys will carefully evaluate your case, provide expert advice, and guide you through the legal process. We understand the challenges you may be facing, and our commitment is to advocate for your rights with diligence and expertise.
Take the first step towards justice. Contact us for a free consultation today!
