Is It Hard to Prove Wrongful Termination?

Wrongful termination means more than simply losing your job without an obvious and apparent cause. It means that you were let go for an illegal reason. An illegal reason includes any action that is in violation of federal anti-discrimination laws or any contractual breach. For the reason to be considered illegal, it must be related to your race, ethnic background, gender, religious beliefs, or disability. It would also be illegal if you were to get fired because you have lodged a complaint against your employer or because you acted as a whistleblower. Being fired for these reasons is considered retaliation and is therefore unlawful.

If you feel you were wrongfully terminated you should know the steps you must take to bring a wrongful termination claim. Here are some important points to get started:

• When you are hired, your employment is considered "at-will", according to the law. This means that your employer is allowed to fire you for any reason but also for no reason at all.

• If you are forced to quit or terminated for a reason that violates anti-discrimination laws, it is considered illegal. Being fired as retaliation for an action you committed is also illegal.

• If you signed an employment contract when you started work, your employer is bound by the terms of the contract. In some cases where a contract is not signed, it is considered that you have an implied contract with your employer. You may file a claim for a contractual breach.

• If you discover something that is going on in the place where you work and act as a whistleblower and are then terminated, you may also file a claim for wrongful termination.

• If your employer asks you to perform illegal acts or ignore safety regulations and you refuse and get fired, you may also file a wrongful termination claim.

What do I do if I think I have been wrongfully terminated?

You may have reason to believe that your employment was wrongfully terminated. However, even if the case involves discrimination or retaliation, you may be unable to file a civil claim immediately. Your lawyer may recommend that you start by filing charges with the Equal Employment Opportunity Commission.

What damages can I hope to obtain?

Depending on what happened to you, you may hope to recover back pay, reinstatement, compensatory damages, punitive damages, the money you would have made due to a promotion that you did not end up getting, attorney's fees, and others.

How hard is it to prove wrongful termination?

Your employment attorney will help you build your case starting with establishing the motive for which you lost your job. This is important because if you cannot prove the motive behind your employer's actions, it may be exceedingly difficult to win your case.

Since nowadays everyone knows about discrimination, employers can be incredibly careful when terminating an employee so that this is not clearly evident. Your wrongful termination attorney will help you gather all circumstantial evidence, but you should know that employees that come across as respectful, honest, and accountable are most likely to prevail. 

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