As many as 150,000 employees are wrongfully terminated yearly. Unfortunately, data in this area can be difficult to collect, as employers will almost always try to cover their tracks when firing an employee for illegal reasons. They will likely try to obscure the true reason for terminating an employee by saying they performed poorly at work, were frequently late, or for other seemingly legitimate reasons. As an employee who was wrongfully terminated, it’s up to you to be aware of your workplace environment and document any situations that could constitute discrimination, retaliation, or other illegal reasons for termination.
The team at Malamut Law has gathered some of the most common reasons why employees are wrongfully terminated so you can be better informed about your rights as a worker:
Discrimination
If you were fired because of your race, religion, disability, gender, sexual orientation, ethnicity, age, or gender identity, you may have a case for an unlawful termination lawsuit. In these cases, it helps to look at the timing of your firing or prior disciplinary actions.
Did you begin receiving reprimands for poor job performance after requesting short prayer breaks to accommodate your religious beliefs? Did your supervisor suddenly become unreasonably critical of your performance after you came out as gay or announced a change in your gender identity? Does your employer have a pattern of firing women shortly after they get pregnant? These situations could constitute discrimination and wrongful termination if they lead to you being fired.
Retaliation
Whistleblowers can often become targets for disciplinary actions and termination after reporting illegal or unethical conduct by their employers. One example would be a woman who reported sexual harassment by her superiors, after which her employer began formally disciplining her and eventually fired her. In any wrongful termination case, the timing of disciplinary actions and firing will go a long way toward proving wrongful termination. If your performance was satisfactory until you reported and suddenly became unsatisfactory after, it could be a sign that you were wrongfully terminated.
Statutory Violations or Breach of Contract
Employers must follow certain procedures before firing someone. Although Pennsylvania and New Jersey are both “at-will” employment states – meaning an employer can fire you at any time for any reason, they must still abide by any provisions outlined in your employment contract. If you are part of a union or signed an employment contract, review it carefully and ensure your employer followed proper procedure before terminating you.
Building Your Wrongful Termination Case
Because wrongful termination can be difficult to prove in court, it helps to gather as much evidence as possible while you are still employed. Again, timing is important. Did your employer’s opinion of your job performance quickly change after you requested reasonable accommodations for your disability or religious practices? Be sure to save any disciplinary reports you received and any emails or other communications that might indicate your employer’s unwillingness to accommodate you.
Did you ask for leave related to a medical condition or death in the family and were fired shortly after? You can document the timing of these occurrences. Were you fired after being sexually harassed and reporting it? You may be able to document any conversations or communications in which you were sexually harassed. In Pennsylvania, you have the right to examine your personnel file, even if you were fired, so if your employer refuses to provide these documents to you or allows you to make copies, they violate the law.
Of course, wrongful termination cases can be extremely complex, so it’s always best to discuss your case with a lawyer. An experienced employment attorney will be able to advise you on the types of evidence you will need and may be able to help you obtain it. Get in touch with Malamut Law right away if you need a labor & employment lawyer in NJ.