No matter the circumstances, getting fired sucks. However, getting fired unfairly is a whole different ballpark. Thankfully, there are a set of federal laws that protect employees from wrongful termination. So, if you suspect that you have been let go under adverse circumstances, you are in your right to fight for your case and demand compensation.
If you’re unsure what constitutes wrongful termination, you’re in the right place, here are six common examples…
Demanding Your Unpaid Wages
By no means is your employer allowed to fire you because you are demanding to be paid what is owed. As an employee, you are allowed to initiate a wage and hour dispute without facing retaliation. This includes wages such as the hours you have worked, overtime hours, minimum wage, and vacation pay.
Filing a Claim for Worker’s Compensation
If you happen to experience an accident at work as the result of someone else’s negligence, you may be entitled to worker’s compensation law. However, some employers may try to threaten you with terminating your contract if you sue. Nonetheless, this could be considered wrongful termination, so make sure to reach out to the team at Cashion Legal Employment Law if you find yourself in a similar situation.
Being a Whistle lower
Whistleblowers in the workplace are those that call out certain wrongdoings that should be disclosed for the greater good. Getting fired for blowing the whistle on illegal actions is an illegal practice itself. In some cases, you can build a case even if you are simply demoted for speaking out.
Complaining About Harassment
Harassment in the workplace is a serious issue that should never be understated. Although there are protocols in place to avoid harassment from occurring, there are still thousands of cases each year. If you are a victim of harassment, make your complaint known to your supervisor. If they proceed to fire you, this could be grounds for wrongful termination.
Using Your Rights to Workplace Leave
Some employers may choose to fire individuals that are often sick in search of a more reliable candidate for the position. The Family and Medical Leave Act (FMLA) states that employees cannot be terminated for using their sick leave as this counts as wrongful termination.
Expressing Your Political Beliefs
Terminating someone’s contracts because of their political views is grounds for workplace harassment. If an employee is fired because they spend their weekend rallying for a political party and the employer finds out, this could result in a legal claim. Similarly, you can’t choose to hire someone or not just because they are Conservative or Republican.
At the end of the day, knowing whether your firing was legal or illegal can be a complicated situation to navigate. That’s why it’s always best that you seek legal assistance before you approach your employer. Having the help of a qualified professional by your side can help you secure the compensation you deserve. In some cases, you can even be reinstated into your job.
