There is always a story behind every little thing. And that is why you must always be able to present your story in a certain manner that conveys what you want and what others should interpret out of it. Similarly, when it comes to wrongful termination litigations, every case is different and has a story behind it. Thus, if you have suffered a wrongful termination recently, then the very first thing you must do is consult one of the best wrongful termination lawyers and then openly tell your side of the story.
To understand the concept of wrongful termination in simple words, if you have experienced a termination by your employer that is unlawful or wrongful, then it comes under wrongful termination. And in such a situation, you have all the right to file a wrongful termination lawsuit against the employer. Being an employee, you must be aware of your rights and if you are fired, then you must know what constitutes wrongful termination. Here are a few common themes in wrongful termination litigation that you should be aware of if you face any of them at the workplace.
Discrimination
Discrimination can be of any type. If you have faced discrimination based on age, caste, religion, gender, nationality, sex, and you have been terminated because of any of these reasons, then you have a valid case of wrongful termination. For instance, if your age is 50 and your employer terminates you because of your age, then it is wrongful as the employer has no right to destroy the career of that employee who has given all the important years of his life to the company being loyal, productive and doing his part in increasing company’s profit. And how do you this was unlawful? Well, the same position was filled by a much younger candidate with a thought in mind that a 25-year-old can be more energetic and productive than a 50-year-old.
Violation of employment contract
When an employee signs the employment contract then both the employer and the employee are legally bound with the terms mentioned in the contract. For instance, if your contract mentions that your employer cannot terminate you for 12 months from the start date then he cannot fire you after five months. This means that you are supposed to be employed for 12 months and the employer cannot fire you.
Along with this, you must ensure that you are reading the contract carefully and completely so that you are aware that your employer has no right to fire you. But if you have been taking too many leaves, giving poor performance, not following instructions, then the employer has all the rights to terminate you.
Reporting illegal activity/ whistleblowing
This is one of the most common themes of wrongful termination litigations. Many employees are scared of reporting any wrongdoing or illegal activities at the workplace fearing losing their jobs. But if you have experienced any illicit activity at the workplace and try to report it, and in turn, your employer terminates you, then it is unlawful. This can make for a wrongful termination case and it can be best explained by a lawyer.
Sexual harassment
Sexual harassment is a crime in the eyes of law. And if you have suffered any kind of sexual harassment at the workplace including physical, mental, or verbal, you must make sure that you are taking action against it and consulting a lawyer on an immediate basis. For instance, if your employer or supervisor sends you some uncomfortable emails or messages then that can be counted as a form of sexual harassment at the workplace and the matter should be taken seriously.
If you strongly believe that you have been terminated wrongfully, then the first thing you should consider is to speak to one of the best wrongful termination lawyers in the city. A lawyer will be able to analyze your case, protect your rights, and make sure that you get the desired compensation from your employer for putting your career at stake and termination your wrongfully.