There might be some situations when you need to tackle some of the workplace situations using a labor employment attorney. An estimated 150,000 employees are fired illegally each year in the USA. Employees who believe they were wrongfully terminated may file an unfair termination claim. Let’s look more closely at some typical wrongful termination cases and how to tell if you have a case.
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7 Examples of Wrongful Terminations
Wrongful dismissal can happen in a variety of ways. The following are a few of the most typical instances of wrongful termination.
1. Resisting a Workers’ Compensation Claim in Retaliation
An employee who has an injury at work makes a workers’ compensation claim.
Shortly after making the claim, the worker is then terminated or laid off.
You might have an unfair dismissal case if you were dismissed after filing for or attempting to get workers’ compensation after being injured at work.
Employees cannot be fired by their employers for submitting a workers’ compensation claim, and they also cannot be fired or threatened with termination if they testify in a workers’ compensation case. If you are in such a situation, you need to hire a workers comp lawyer.
2. Retaliation Against Sexual Harassment Reporters
Up to 81% of women are thought to have encountered sexual harassment at work, and 1 in 5 reports of harassment are made by men.
Many more workers are allegedly harassed sexually, but many are hesitant to report it for fear of reprisal and being fired.
Under Title VII of the Civil Rights Act, employees are shielded from retaliation. An employee may have a cause for wrongful termination if they report sexual assault to HR or leadership and are fired shortly thereafter.
3. Retaliation based on age
Contrary to popular belief, age discrimination in the workplace is increasingly frequent. When counting on disciplinary measures, management may regard youthful employees differently than senior employees.
Age discrimination may have occurred if a mistake was made and younger employees received a warning while older employees were fired.
Workers beyond the age of 40 are covered from discrimination in every aspect of employment, particularly terminations and layoffs, by the Age Discrimination in Employment Act (ADEA).
You need the support of an Employment discrimination lawyer for age discrimination and unfair dismissal.
4. Settlement of Wage and Hour Disputes
Employees have a right to just salaries, and they need to be free to voice complaints about their pay without fear of reprisal or termination.
Some examples of wage and hour infractions are:
- Not earning the required minimum wage
- Preventing workers from taking pauses for meals or rest
- Not compensating overtime
- Worker misclassification
Employees who fear reprisal or termination understandably find it intimidating to raise issues. However, wage and hour disputes are not exempt from the protections provided by law against retaliation for employees.
Wage and hour disputes are governed by the Fair Labor Standards Act (FLSA).
Workers may claim unfair dismissal with help of a workers comp attorney if they are let go while pursuing unpaid overtime or commissions.
5. Discrimination based on race
Employees cannot be subjected to discrimination based on their race or skin tone, according to state and federal statutes.
Racial prejudice can take the following forms:
- Making racial-based employment, firing, and promotion choices.
- Excluding people of one race from certain positions.
- Racial stereotypes regarding staff members.
An environment that is toxic and unfriendly is brought about by racial discrimination. It may be unlawful termination when workers are fired for complaining about discrimination or experiencing prejudice based on race.
Are You Alleging Wrongful Termination?
If any of the aforementioned situations relate to you, you might have a strong case for wrongful termination. The easiest method to find out if you have a claim is to speak with a labor and employment attorney who has dealt with cases of wrongful termination like these and others.
