False dismissal or unjustified termination in the United States, also known as wrongful termination, illegal dismissal or improper dismissal, occurs when an employer terminates a worker's contract in violation of employment conditions or laws. This means that the employee was fired for an illegal reason such as their race, sex, religion or for filing a claim against their employer.
The unjustified dismissal can be difficult to prove because employment in the United States is generally at-will (with the exception of Montana). Both the employee and employer are free to terminate the employment relationship at any time without notice and without giving reasons. Hence the importance of having an employment lawyer who can help you resolve your case.
If you consider it necessary, you should contact Conexión Legal as soon as possible by calling 1800 201 1220 or writing to us via WhatsApp so that you can receive the best free legal advice, and in this way you can obtain the highest possible compensation with the support of an employment lawyer.
How do I know if I suffered an Unjustified Dismissal?
If you have recently been removed from your position and are wondering if your situation is appropriate for wrongful termination, please review the list of the most common reasons for unjustified dismissal below.
- Sexual harassment is illegal, as is firing an employee for reporting it.
- Federal law prohibits employers with 15 or more employees from discriminating against employees based on race, skin color, nationality, gender, pregnancy, religion, age (40 years or older), genetic information and disability.
- There are various 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.
- Laws protect eligible employees from being fired during family or sick leave. Under the Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks off per year to: Care for the critical health of a close relative or bond with a newborn.
- When an employee has discussed unpaid wages, bonuses or overtime and has been fired, it is a form of wrongful termination.
- The ADA declares it illegal to fire an employee for disability leave. Furthermore, employers must establish reasonable measures for the worker's disability and workers are protected from termination when requesting an accommodation.
If you have been fired for any of the reasons above, you may be entitled to request compensation for losses suffered as a result of wrongful termination.
The payment you will receive for a wrongful termination will depend on the circumstances of your situation and the damages you have accumulated. You may be eligible for the following types of awards:
- The loss of wages while you were out of work
- The difference between your previous salary and the new one when you found an unpaid job loss of benefits, which includes an increase in health insurance premiums after loss of employer-sponsored insurance, medical expenses: due to changes in health insurance and also to cope with emotional distress or other effects of termination, punitive damages: this applies to employers who have committed highly malicious or reckless discriminatory acts, cost to find a new job and emotional stress.
After learning this and considering that you have been a victim of wrongful termination, you can contact Conexión Legal as soon as possible so that you can receive the best free legal advice, and in your case, obtain the highest possible compensation from the hand of a professional employment lawyer who can guide you.
Follow the steps in the following form to schedule your free legal consultation appointment.
