You’ve just been fired from your job, and here you are, cleaning out your workspace. What happened? And now, what do you do? Does your employer have the right to fire you without a reason? Do you have any legal recourse? Let the Reading wrongful termination attorneys at Saffren and Weinberg shed some light on the matter.
Can You Be Fired Without a Reason?
Can your employer fire you without a reason? In most cases, yes. This is because most states, including Pennsylvania, are “at-will” employment states. At-will means your employer can fire you for any reason, and completely without warning. However, there are some important limitations to at-will protection that employees should know about.
In What Case Can a Termination Considered “Wrongful?”
At its most simple, wrongful termination is when an employer fires an employee in violation of a law, a public policy, or the terms of an employment contract.
In other words, wrongful termination is unlawful, and you may have the right to bring a wrongful termination claim against your employer if you can prove you were terminated illegally. But first, you’ll want to ask yourself some important questions to determine whether you have a valid claim:
- Did your employer discriminate against you in some definable and provable way, and this led to your termination?
- Were you fired for something recognized as public policy, such as taking time off to serve on a jury or refusing to do something illegal during your employment?
- Were the terms and duration of your employment protected under an employment contract?
By bringing a wrongful termination claim, you can seek compensation from your employer for your lost wages, benefits, and other damages. But it’s also important to understand that these cases can be difficult to prove. Getting the assistance of a wrongful termination lawyer will be critical to your success.
What is Discrimination in the Workplace?
While federal and state anti-discrimination laws have been in place for over fifty years, many employees still face employment discrimination today.
Workplace discrimination happens when an individual or group is treated unequally or unfairly because of legally protected characteristics, including race, ethnicity, national origin, gender identity, sexual orientation, religion, age, and disability. Discrimination can happen in the workplace between coworkers on the job, between employees and employers, and with job applicants.
If you feel you were terminated because of discrimination, it is illegal, and you may have grounds for a wrongful termination lawsuit.
What is a Violation of Public Policy?
Public policies are social guidelines that serve as a form of community common sense. In matters of wrongful termination, a violation of public policy means that your employer may have terminated you unfairly despite the lack of a specific law prohibiting them from doing so.
You may have grounds for a wrongful termination claim if you have been terminated for exercising a legal right, such as taking family leave or taking time off to vote or retaliated against for refusing to do something illegal during your employment or reporting your employer’s illegal conduct.
What is a Breach of an Employment Contract?
Employment contracts are often used in hiring situations to clarify job duties and the rights and responsibilities of both parties. An employment contract can be breached if one party fails to meet its terms.
If your employer terminated you in breach of your contract, you may have the right to seek compensation through a wrongful termination lawsuit.
What are the Challenges in Proving You’ve Been Wrongfully Terminated?
In wrongful termination claims, the employee’s word often prevails over the employers. As an employee, it will be your responsibility to prove your claim to be successful.
The challenge? Most employers are well aware of their legal obligations toward employees. Consequently, employers often use a variety of reasons and excuses for terminating employees. They rarely admit to discriminatory or other illegal practices and are usually careful to hide their true motivations for firing an employee to stay within the law. So how can you prove wrongful termination if the employer wasn’t blatant?
Proving Wrongful Termination
To prove wrongful termination, you must be able to demonstrate how your employer breached the law in your dismissal. And this will require gathering strong and convincing evidence.
This evidence should include:
- A full description of your duties and responsibilities to establish exactly what your job entailed.
- Copies of any performance evaluations by your employer about your job performance to establish how well you were performing your job.
- A copy of your employment contract, if applicable.
- Documentary evidence and communication between you and your superiors providing a history of your interactions. These can include memos, text messages, emails, or any other written communication you’ve encountered.
- Eyewitness statements from others at your place of work if they have seen or heard things that support your claim. Furthermore, coworkers, supervisors, or customers can also attest to your performance and behavior at work.
- Audio or video evidence you may have demonstrating the circumstances of your termination.
- Expert or other statistical evidence concerning termination rates or any patterns of discriminatory practices or other unlawful behaviors by your employer that can help support your claim.
Evidence is the bedrock of a successful wrongful termination case, and this is when having an experienced wrongful termination lawyer can be essential to its outcome.
Getting Help Establishing Wrongful Termination
If you believe your employer terminated you in violation of your legal rights, you may be entitled to bring a wrongful termination lawsuit against them to seek compensation. However, proving wrongful termination can be challenging. Don’t try to navigate this alone. Getting the advice and guidance of a lawyer for wrongful termination can be crucial to your success.
At Saffren & Weinberg, our experienced Reading wrongful termination attorneys will help you understand your legal rights and options concerning bringing a wrongful termination lawsuit against your employer. Call us at (215) 576-0100 for a no-cost evaluation, or contact us through our website contact form.
Disclosure:
This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Unless a representation agreement has been signed with Saffren & Weinberg, we are not your legal representatives.