What If I’m fired Because My Employer Simply Does Not like Me?

This has been a hot topic in recent years due to the massive surge of lay-offs and terminations that occurred during the recession. As more people began to learn about constructive discharge, “at-will” employment, and their rights, however, more people began filing these claims. An experienced, successful employment lawyer can fight for you if your rights have been violated according to the following laws:

• The Civil Rights Act of 1991
• Americans With Disabilities Act of 1990
• Family And Medical Leave Act of 1993 (FMLA)

“At-Will” Employment

This type of employment means that either you, the employee, or your employer can end the employer-employee relationship at any time, for any reason or even no reason, and either with or without advance notice.

Many states, like California, are “at-will” states, but that doesn’t mean that employers in those states can fire anyone frivolously or illegally. However, it does mean that your employer has the right to terminate your employment because of things you’ve done outside of the company or in your personal time that they don’t feel reflect the company’s values.

Speaking to an attorney with many years of experience in handling these kinds of cases will allow you to get the answers you need about your specific situation. If you don’t have a contract, then this is most likely the kind of employment you have.

Wrongful Termination

There are many examples of wrongful termination including:

• Terminations that are prohibited by the state’s public policy
• Refusal to participate in illegal activity
• Terminations for jury duty or reporting for military duty or leave under FMLA
• Joining or forming a union
• Terminations that violate implied covenant of good faith and fair dealing
• Discrimination
• Sexual Harassment
• Retaliation against whistleblower(s)

While your employer may have a moral obligation to provide a safe workplace where all employees are able to thrive and be productive, they also have a legal duty to protect their employees from harassment, racism, sexism, etc.

Employment Contract

If you have a contract, then the terms and conditions of your employment will be stated in there, including the duration of your employment, the types of reasons why your employer can terminate your contract, and what steps or corrective procedures are mandated to follow before finally terminating an employee, according to the handbook.

These contracts can sometimes have vague language that you will want your attorney to review. Some contracts make it seem like you can be fired for any cause, or will state directly that you are an “at-will” employee.

Hiring An Employment Lawyer

You will want to document all occurrences related to your claim for your attorney to review them. Include the date, time, who was involved, and any relevant details. You will also want to get a copy of performance reviews, evaluations, promotions or changes in wage/salary changes.

You will want to request your personnel file from Human Resources and make a copy for yourself. You will also need to explain what exactly happened in the termination meeting, who was there, how they conducted themselves, and whether or not they were straightforward.

Your employment attorney will review these documents and prepare a statement expressing what you are seeking in damages. These can include lost wages, benefits, and bonuses you would have received if you had not been wrongfully terminated. To find out more about how to reclaim your rights, contact wrongful termination lawyer David G. Spivak.