McNamee Hosea News & Press

Back

3 Signs That Your Termination May Have Been Wrongful


People who get fired are typically not happy with the decision. It is more likely that they will feel angry, betrayed, shocked and scared about their future. Of course, some terminations make more sense than others. For example, if a person consistently under-performs, repeatedly fails to show up or is otherwise inadequate in meeting job standards, a firing may be unsurprising.

However, when the firing doesn't seem to be in response to any type of poor performance or negative behaviors, people often wonder if they have been the victims of a wrongful termination. In order to determine if you may have been unlawfully fired, you should consider the following three signs of a wrongful termination.

  1. Have you recently filed a complaint about unlawful practices in the workplace, sexual harassment or violations of public policy? Employers are not allowed to retaliate against employees who file these types of complaints.
  2. Were you about to (or did you recently) update an employment contract? In many cases, these contracts can include clauses about if and when a person can be fired; an employer may be in violation of those clauses and may hope an employee doesn't know that a contract may still be protective.
  3. Have employers treated other employees differently when it comes to the reason you were fired? If employers only fire certain people in similar situations, there may be reason to suspect the termination (and the employer's actions) are discriminatory. For instance, if younger workers are given warnings but older workers are fired for the same thing, it could be considered age discrimination.

To be clear, many employment relationships are at-will, which means that there does not need to be a reason to terminate an employee. However, if you believe that you were actually fired for an unlawful reason mentioned above, you may have grounds to pursue legal action. Speaking with an attorney about the specific details of your case can help you get a better idea of what options and legal remedies may be available.