Getting fired can be quite embarrassing as it is not an ideal position to be in. You might be wondering about what to do if you have been wrongfully terminated or fired. The answer to this question can be somewhat challenging as wrongful termination is such a broad category of circumstances.
Immoral vs. Illegal Termination
There can be circumstances where your employer might have acted wrongfully in the moral sense, but their actions weren’t against the law. So, if you can consider all the potential reasons that you could be fired that are unfair and that could be considered wrong or immoral, and within this circle of situations, if you get fired, it is illegal and a wrongful termination.
When it’s unclear whether a termination falls within the realm of wrongfulness, seeking legal counsel is a logical step. Attorneys, such as the Wrongful Termination Colorado attorney, can help you determine the legality of your termination and advise you on your next steps.
Example of Immoral Wrongful Termination
Suppose you are in a situation where your boss is verbally abusive to the point they come to the office, yell, and throw things. You stand up to your verbally abusive boss, and you tell them that you don’t think that what they are doing is right, and consequently, you get fired.
Now, in such a situation, you have certainly been wrongfully terminated, as the only thing you did was stand up for yourself. Now, the important question is whether this situation is a wrongful termination in the legal sense.
If your boss does this to everyone, then this is not illegal, as your boss isn’t firing people on a discriminatory basis.
Example of Illegal and Immoral Wrongful Termination
However, if you are in a situation where the boss has singled you out, and only you are fired after standing up for yourself, then this is certainly a wrongful termination in the legal sense, too. Suppose the boss is only abusive to women in the room, and they throw office supplies at the women in the room – and you tell them that what they are doing is wrong, and you get fired.
Now, this can be a wrongful and illegal termination because your boss is arguably creating a hostile work environment based on gender discrimination as they are only abusive towards women.
Now, if you tell your boss that you think what they are doing to the female employees is illegal and, as a result, you get fired.
Now You Have Two Legal Claims
What happens is that now you have two claims: you have a hostile work environment based on gender discrimination, and you have a legal retaliation because you have raised the issue with your boss that they are treating their employees differently based on a protected category.
Seek A Lawyer if You Have Been Fired Discriminatorily
Employers have the right to fire whoever they want for any reason they deem fair – however, they can face legal consequences if they fire their employees based on discrimination alone. Some companies have established policies that require managers to have a good reason in place before firing an employee.
On that note, if you feel like you have been treated badly and unfairly, your case might fall into the category of intentional infliction of emotional distress.
What Makes A Discrimination Claim?
If you have been fired because you are a female or you belong to a certain ethnic group or religion, you have a legal claim against your boss. Also, if you were mistreated at your workplace because of your age, you may have a discrimination claim at hand.
If you have faced discrimination at work and got fired after standing up for yourself, you can take your case to a wrongful termination attorney. However, you can also take your case to your state’s Department of Labor or file a legal complaint with the Equal Employment Opportunity Commission.
Make Notes Of Everything
Before talking to an attorney, sit down and write down in great detail all of the aspects that you remember about what happened and why you got terminated. The reason why you write everything down is that you can remember only that much. The things you remember today – you won’t remember them with as much clarity after two weeks, months, or a year.
So, write everything down while things are fresh in your memory. Use dates and times while jotting down the details. Also, if you know of previous employees who were discriminated against and terminated in the past, write down their circumstances as well.
Work Closely with Your Lawyer
The reason why you are jotting down all the details about the situation and your wrongful termination is that when you go to see your lawyer, you can provide them with as much detail as possible. The lawyer will then use the documentation and notes to deal with your employer directly on your behalf.
It is important to mention here that no matter how traumatic the experience of getting wrongfully terminated is, you should never lose your cool and engage in arguments or fights with your boss. Also, be sure to save important documents from your work computer so that you don’t leave any important information behind.
How Can A Wrongful Termination Attorney Help?
Your wrongful termination attorney can help you with taking over the matter and negotiating with your employer on your behalf regarding your expenses. The lawyer can also get your employment records and simultaneously assess the employment history of your employer regarding their termination pattern based on disability, age, race, gender, and religion.
On that note, the attorney can file a legal complaint with the EEOC (Equal Employment Opportunity Commission) on your behalf to thoroughly investigate your case. Your attorney will also represent you in all court proceedings while keeping you informed about the latest developments in your wrongful termination case.
You should know that, at this point, your employer will also be working with their legal team to defend themselves and justify the termination. So, make sure to hire an experienced lawyer who understands the ins and outs of a wrongful termination case.