The first thing you should know after suffering an unjustified termination due to illness is that this is a termination without valid legal grounds, because your employer cannot fire you simply because you became ill or suffered an accident. It is important that you know that as a worker in the United States your rights are protected by federal and state laws, which protects you from unjustified termination, harassment, discrimination and other unjust causes in the workplace. If you consider it necessary, you should contact the Conexión Legal team as soon as possible by calling us at 1800 201 1220 or writing to us through WhatsApp so that we can provide you with the best free legal advice, and in this way we can help you obtain the highest compensation with the help of an unjustified termination attorney.Unjustified termination due to illness or any other kind can also be called wrongful termination, and it is a legal circumstance in which the termination of an employee violates one or more of the terms of the employment contract and the laws of your state.
For a termination to be wrongful, it must be illegal, so the termination is based on some discriminatory factor against a person, rather than on a fact about their job performance.
Terminating someone for discrimination is the most common form of wrongful termination. Under federal law, employees cannot be fired or punished because of their race, color, national origin, sex, religion, disability, pregnancy or age. Additionally, several states prohibit discrimination based on sexual orientation and gender identity.State laws vary in how they regulate the relationship between employers and employees, but most states have adopted employment at-will as a way to reduce unjustified terminations.
This means there does not have to be a "good reason" for an employer to fire an employee. There is no requirement for prior notice of contract termination, nor is there a requirement for fair procedures. The only requirement is that the termination be legal and not for improper purposes.
What Steps Should I Take When Facing Unjustified Termination Due to Illness
The initial step should be to contact your employer's human resources department. If this does not resolve the issue, contact the EEOC and file a complaint. The Equal Employment Opportunity Commission exists to combat discrimination in the workplace. They can conduct an investigation and issue a resolution; otherwise, you can file a civil lawsuit.
It is important to gather as much information as possible before filing a complaint with the EEOC. Generally, you should contact an EEOC advisor within 45 days of the incident in question. If after thirty days the issue is not resolved, you must file a formal complaint with an EEOC office within 180 days of termination.
It is then that the EEOC will conduct its investigation and attempt to resolve the issue; if the claimant disagrees, they can file a civil lawsuit.It is very important to be clear and concise when discussing your wrongful termination. In addition to gathering all supporting evidence beforehand, having your answers to the following questions could help you prepare for the process:
- Have you been a victim of discrimination? This would include an employer that violates any protected class under the Civil Rights Act of 1964.
- Did you have an employment contract? If you were not an at-will employee, be sure to provide your attorney with your employment contract. What makes a termination illegal, if it is not based on discrimination, is the breach of an employment contract.
- Was your termination in retaliation? If your termination was in retaliation for your actions, such as reporting wrongdoing, it would be considered illegal.
- Do you have the right to sue? The EEOC provides the right to sue letter after filing a complaint with the commission.
If you have identified with any of these cases, or were fired directly for becoming ill, you should contact the Conexión Legal team as soon as possible so that you can receive the best free legal advice about your claim and learn the types of compensation you can obtain for an unjustified termination, in this way, we can help you obtain the highest possible compensation with the professional representation of an unjustified termination attorney.
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