When you are fired, you have the right to sue your employer for wrongful termination. However, there are certain exceptions to this rule. One of these exceptions is when the employer terminates your job because it has become unnecessary due to a technological innovation.
In order to sue your employer for wrongful termination, you must show that the company was aware of its decision and that it acted with malice in terminating your job. There are two types of wrongful dismissal cases—one is for unfair dismissal and the other is for constructive dismissal. When you are fired from your job, you have the right to sue your employer for wrongful termination.
When you are dismissed from your job, it’s not just an ordinary termination; instead, it’s a form of constructive dismissal. The reason that employers fire employees is to avoid liability in terms of paying back wages and compensation. Therefore, when you are dismissed from your job and you have a case against your employer, it’s important to understand the different types of wrongful dismissal that may occur at work.
The following are some examples of when an employee can sue their employers for wrongful termination:
- A preemptive termination is when an employer fires someone before the end of their employment. This can happen for a variety of reasons, but it’s most common when the employer doesn’t like the employee’s work or attitude. The law allows employees to sue their employers for termination when they have been fired because they are pregnant or have taken leave to care for a sick family member. However, this protection is limited to situations where the employee has been terminated within six months of taking leave.
- You were terminated because of discrimination based on race, color, sex, national origin, age, disability, or genetic information. The amount of discrimination that exists in the workplace is enough to make anyone sick. In fact, according to the Equal Employment Opportunity Commission, there are more than 23 million Americans who have been victims of employment discrimination in the past five years. This has resulted in many individuals losing their jobs due to factors beyond their control, such as their age or gender.
- Your termination was a result of retaliation. Retaliation is the act of aggression or violence against someone who has done something that you feel was a violation of your personal rights and interests. It can also be described as revenge for that violation. If you believe that you have been retaliated against at work, it is important to document your claims and take the necessary steps to protect yourself. Because retaliation can be hard to prove, it is important to document what happened and the actions taken. You should keep records of all communications, agreements reached with your employer, letters documenting the violation committed against you, and any other relevant information in case you need it later. Your evidence should include a timeline of events and dates.
If your employment contract includes a non-compete clause, it is important to understand what the clause means. If a non-compete clause is not enforceable, it does not prevent an employee from filing a lawsuit against their employer for wrongful termination. The Haeggquist & Eck, LLP law firm will help you determine if you have a case and how to proceed with it.