As an employee, you have rights. These rights include protection against wrongful termination. Getting fired is painful enough; getting fired illegally can be especially upsetting. Knowing if you have legal recourse to seek compensation and other remedies can be crucial.
No legitimate explanation
While most employment relationships are at-will, meaning either party can end them for any (legal) reason. However, employers don’t always give a clear or honest reason for firing someone. Or, the reason they give seems vague or doesn’t make sense. If you were fired and can’t get a straight answer as to why, it could be a red flag.
Recent protected activity
Have you recently filed a sexual harassment complaint, reported unsafe conditions or requested medical leave? These are protected activities. If you were fired soon after engaging in such activities, it might be wrongful termination. Employers cannot legally fire you for standing up for your rights.
History of discrimination
If you’ve experienced or witnessed discriminatory behavior from your boss or coworkers, it could be a sign that your firing was motivated by bias. Discrimination based on race, gender, age or other protected characteristics is illegal.
Sudden performance problems
Did your work duties suddenly change and make your job unmanageable or unpleasant? Did your employer shift expectations and make them impossible to meet? Were you suddenly criticized harshly, even though your work had been fine before? These can be signs that your employer was looking for a reason to fire you.
Ignoring company policies
Most companies have policies about how they handle terminations. Did your employer follow these policies when they fired you? If they skipped steps or didn’t give you the required warnings, it could be a sign of wrongful termination.
While each of these signs alone might not seem troubling, the more signs you notice, the more likely it is that your termination was illegal. If you suspect this, speaking to an attorney can help you get a clearer picture of your legal options.