An unjustified dismissal in the United States, also known as wrongful termination or improper dismissal, refers to when the termination by an employer of an employee's employment contract violates the terms or labor laws. The above means that the employee was fired for an illegal reason, such as discrimination based on race, gender, religion, or for filing a legal complaint against their employer.
On the other hand, termination for negligence can be difficult to prove given that, in general, employment in the United States is at-will (with the exception of Montana). Both the employee and the employer are free to terminate the employment relationship at any time, without prior notice and for any reason, or even without particular justification.
If you were recently fired and wonder if your situation qualifies as wrongful termination, review below the list of common reasons for unjust termination, and contact Conexión Legal immediately to be referred to a lawyer with free consultation and, if applicable, to claim the compensation you are entitled to receive from a wrongful termination attorney, regardless of your immigration status.
Examples of Wrongful Termination
Identifying whether you have a case of wrongful termination is essential to proceed correctly before the court and request compensation. Below, we will show you some factors that are part of the list comprising the acts or reasons by which wrongful termination can be identified.
- Sexual harassment: sexual harassment is illegal, and so is firing an employee for reporting it.
- Discrimination: federal law prohibits employers with 15 or more employees from discriminating against workers based on their race, color, national origin, gender, pregnancy, religion, age (such as 40 years or older), genetic information, and disability, among other personal characteristics.
- Retaliation: there are several laws in place to protect employees from retaliation for exercising their right to report or complain about workplace problems 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 employees can take up to 12 weeks of leave each year to care for the serious health condition of an immediate family member or in connection with a newborn.
- Wage and Hour Disputes: if an employee was fighting for unpaid wages, bonuses, or overtime and was fired, this is a form of wrongful termination.
- Americans with Disabilities Act Violations: the ADA makes it illegal for an employee to be fired for taking disability-related leave. Additionally, employers must provide reasonable accommodations for an employee's disability, and employees are protected from being fired for requesting accommodations.
If you or someone you know was fired for one of the reasons mentioned above, you have every right to request indemnification or compensation for the losses you suffered as a result of your termination.
Compensation for wrongful termination, that is, the payment you receive for it, will vary depending on the circumstances of your situation and the damages you accumulated. You could be eligible for the following forms of compensation:
- Loss of wages: not only for the salaries you lost while unemployed, but also the difference between your previous salary and the new one if you find a job that pays less
- Lost benefits: this includes increases in health insurance premiums as a result of losing employer-sponsored insurance.
- Medical expenses: due to changes in medical coverage and also for treatment of emotional distress or other effects of your termination.
- Punitive damages: this applies to employers who engaged in very malicious or reckless discriminatory actions.
Additionally, the cost of seeking a new job and emotional stress should also be considered in valuing your compensation.
If you identify that you have been a victim of such a situation, contact Conexión Legal immediately at 1 800 201 1220 or via WhatsApp to receive free consultation and in this way be able to connect you with a wrongful termination attorney expert in the laws that protect you in your state and thus help you obtain the compensation you are entitled to receive, and in some cases the reversal of the harm.
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