In the United States, wrongful termination occurs when the termination of an employee's employment contract by an employer violates the terms of employment or the law. This means that the employee was fired for an illegal reason, such as their race, gender, religion or for filing a legal complaint against their employer.
Wrongful termination can be difficult to prove since, in general, employment in the United States is at-will except in Montana. Therefore, both the employee and the employer are free to terminate the employment relationship at any time, without prior notice and for any reason.
However, if you have been recently fired and are wondering if your situation qualifies for wrongful termination, consult what a wrongful termination attorney does so you can bring your case to court in a professional manner.
If you believe your termination was wrongful, you should contact the Conexión Legal team as soon as possible by calling us at 1800 201 1220 or writing to us via WhatsApp so you can receive the best free consultation, and in this way we can help you obtain the highest possible compensation.
Common Reasons for Wrongful Termination
Below we will see some examples of wrongful termination, so if you are considering filing a wrongful termination claim, you may be wondering if you have a valid claim.
- Sexual harassment: sexual harassment is illegal, as is firing an employee for reporting it.
- Discrimination: federal law prohibits employers with 15 or more employees from discriminating against employees based on their race, color, national origin, gender, pregnancy, religion, age (40 years or older), genetic information, and disability.
- Retaliation: there are several laws that protect employees from retaliation for exercising their right to report or complain about workplace issues, such as discrimination or harassment, workplace injuries, safety violations, wage and hour violations.
- FMLA violations: laws protect eligible employees from being fired while on family or medical leave. Under the Family and Medical Leave Act (FMLA), eligible workers can take up to 12 weeks of leave each year to: maintain the health of an immediate family member or bond with a newborn.
- Wage and hour disputes: when an employee has disputed unpaid wages, bonuses or overtime and has been fired, it is a form of illegal termination.
- Violations committed by Americans with disabilities: The ADA declares it illegal for an employee to be fired for taking leave related to a disability. Additionally, employers must make reasonable accommodations for a worker's disability, and workers are protected from termination if asked to do so.
Regarding receiving compensation for illegal termination of employment, the payment you receive for wrongful termination will vary depending on the circumstances of your situation and the damages you have incurred. You may be eligible for the following forms of compensation:
- Lost wages: not only for the wages you lost while unemployed, but also for the difference between your previous salary and a new one if you found a job that pays less
- Lost benefits: this includes increases in health insurance premiums as a result of the loss of your employer-sponsored insurance.
- Medical expenses: for changes in medical coverage and also for treatment of emotional distress or other effects of your termination.
- Punitive damages: this applies to employers who commit highly harmful or negligent discriminatory acts.
- Cost of searching for a new job
- Emotional distress
If you believe you have been a victim of wrongful termination, you should contact the Conexión Legal team as soon as possible so you can receive the best free consultation on your wrongful termination complaint and, in this way, we can help you obtain the highest possible compensation with the professional representation of a termination attorney.
Follow the steps in the following form to schedule your free consultation appointment.
