Employees generally have limited control over the job market. Employers decide who to hire, promote and fire. Workers need to market themselves and ensure they have the necessary credentials to obtain and retain positions. Ideally, professionals receive consideration based on their job performance and other factors, such as how well they cooperate with coworkers.
Unfortunately, sometimes employers engage in conduct that violates the rights of workers. While businesses can typically fire employees for almost any reason or no specific reason whatsoever, there are certain types of firings that are wrongful under the law. Workers who have experienced a wrongful termination may be able to take legal action in response to their unexpected job loss.
Employers should not discriminate against workers on the basis of their protected characteristics. A worker shouldn’t face termination because of their race or sex. Additionally, employers should not retaliate against workers or fire them as punishment in inappropriate circumstances.
How can recently terminated workers determine if a firing was retaliatory?
Protected activities may lead to retaliation
Illegal workplace retaliation occurs when a company imposes career penalties for conduct that technically has protection under the law. It is not retaliatory for a company to fire a worker for a violation of company policy or poor job performance. However, it is retaliation to fire a worker for making use of their protected rights.
Workers should be able to report safety issues or harassment without fear of direct punishment. They can request on-the-job accommodations or medical leave in certain qualifying circumstances. They have the right to unionize with one another.
Typically, employers should not punish workers in any way for engaging in protected workplace activities. A worker terminated immediately after reporting sexual harassment or concerns about company billing practices may have experienced retaliation.
In such cases, the worker may have grounds for a wrongful termination lawsuit. A successful lawsuit could result in the courts awarding an individual damages or even compelling an employer to reinstate them as an employee.
Reviewing the circumstances surrounding a recent termination with a skilled legal team can help a worker evaluate whether a company may have violated their rights. A wrongful termination lawsuit could be possible if a professional can prove that a company fired them in retaliation for making use of their legal workplace protections.