Examples of Wrongful Termination
Wrongful termination can be based on discrimination or retaliation. An estimated 150,000 people are wrongful terminated each year for reasons other than race, gender, age, or disability. If employees are unfairly fired for reasons other than these reasons, the employee may pursue a wrongful termination lawsuit.
Drug Testing While most employers are required to drug test their employees, not all do. Some employers will not drug test their employees unless there is cause to suspect they may be high at that time of day. Examples of this would be in the health department, where someone could be dying of a contagious disease. In this instance, it is highly probable the employer has a reasonable suspicion to suspect the individual was engaging in illegal conduct, and they may have a legal right to perform a drug test.
Disability Discrimination In some cases, an employer will take a particular applicant for granted, determining overtime that the person is unlikely to return to work due to some kind of medical problem. This could include the loss of a job due to a medical condition. Under these circumstances, if you believe you have been subjected to unlawful discrimination, you may have a case against your former employer. As with drug testing examples, if your former employer has taken you for granted, or if there is evidence of this, you may have a case.
Examples of Wrongful Termination Under State Law
Retaining an Employee If you are unsure whether or not you have a case, you need to retain an employee as a legal professional. Retaining an employee means you still own a substantial portion of the business after termination. It is important to remember that the length of time from when the alleged discrimination took place, until the date of the hearing is a very important factor in determining the outcome of your lawsuit. For example, if you hired someone in June, and that employee was terminated in July, you may have a case waiting until the next month. If you believe the actual dates were changed to cover up the discriminatory conduct, you may have a harder time moving forward with the lawsuit.
Other examples of wrongful terminations include sexual harassment claims. If you feel you have been subject to sexual advances from a supervisor, or if you have proof of this, you can bring a sexual harassment lawsuit. An experienced wrongful termination lawyer can help you with the burden of proving your case beyond a reasonable doubt. This may be the only way to get back at those who discriminated against you, so it is important to choose your attorney carefully.
Dealing with stress and other workplace issues can be difficult, yet it is something you can do if you know what to do. You should contact an experienced employment lawyer if you have a wrongful termination case in mind. The laws are very specific about when you can file a complaint. Knowing the number of years your employer has been in business is also important, as is whether or not there have been any complaints filed against your employer with the EEOC. If you think that your employer has engaged in illegal conduct, contact a qualified attorney immediately. Your attorney will guide you through the entire process so that you don’t waste any time or money.