Being fired from a job is an unpleasant experience, to say the least, but this experience is worsened when that dismissal is unlawful. Wrongful termination is when an employer fires an employee for a host of reasons, including discrimination and unlawful labor practices.
To get the compensation that you deserve, you should gather as much evidence as possible and consult with an experienced attorney. If you have recently been dismissed and you’re not sure if you have a case
Below are 5 common unlawful dismissal scenarios that despite being against the law, are still committed far too often:
1. Getting Fired for Reporting Sexual Harassment
Sexual harassment is illegal – plain and simple.
There are no scenarios where it would be even remotely legal. Unfortunately, in some companies, sexual harassment is ingrained in the culture – which often leads to a hostile working environment where employees of both sexes do not feel safe.
Sexual harassment should never be tolerated, and if you have been harassed at work and get fired because of it, you may file a wrongful termination lawsuit seeking compensation for damages.
These don’t just have to be monetary damages resulting from your dismissal; they can also include damages for enduring emotional and psychological suffering.
2. Filing A Worker’s Compensation Claim
If you get injured on the job, it is your right to file a worker’s compensation claim.
During the claiming process, if your employer tries to intimidate you into not claiming by threatening to fire you, that will constitute an unfair and unlawful dismissal scenarios .
Your employer must keep you as safe as possible while you are at work, and even though accidents can happen despite workplace safety procedures, you are well within your rights to claim injury compensation.
3. Taking Maternity Leave
Pregnant women should never be discriminated against in the workplace under any scenario.
If you get dismissed unlawfully from a job during your maternity leave period – you are entitled to file a lawsuit in federal court against your employer.
You have up to two years after the violation to file your suit, but you should try to file before that. If you believe or can prove that your employer violated the law with intent, that time limit changes to three years.
So, even if you are reading this after the fact – you should file a suit if your case fits into these timelines.
4. Joining A Union
Your employer cannot legally fire you for joining a labor union, even if you organize one.
The National Labor Relations Act (NLRA) unequivocally protects your right to join, form, or assist a workplace union.
Remember that you can never get fired, demoted, or penalized in any way for engaging in lawful workplace union activities.
5. Constructive Dismissal
When an employer manipulates the working environment to get an employee to quit, it is against the law.
If your employer is making your work life so miserable that you can’t see any other way around it, that is tantamount to a constructive dismissal, and you must seek legal counsel.
Some employers do this through unfair demotions, invalid salary decreases, and demanding employees to work in unsafe environments.
With the law on your side, you don’t need to take get unlawful dismissal scenarios lying down. With the right legal help, you can get what you deserve before it is too late.
