Sometimes, your employer or direct superior at work may consciously direct you to perform actions that are clearly illegal or undermine the rights of fellow employees. Employees may not be fired for failing to adhere to an employer’s order to perform illegal acts.
Violations of employee contract
Most at-will employees do not have written agreements. However, if you signed an employment contract when you were getting hired, it is essential to read the terms when you get fired. Even if you don’t have a written agreement, you may have an implied contract which comes about from an employer’s statements, actions, or from the employee handbook. If you feel your employee fired you in breach of your employment contract, promises he made verbally, or the terms in the employee handbook, this may be regarded as wrongful termination.
Employees are protected by the law from harassment by their employers in the workplace. If your boss compelled you to have a sexual or romantic relationship with him, or said something insulting about your religion, national origin, color, disability, etc., or fired you after the romantic relationship the two of you were in came to an end, this will also be deemed to be wrongful termination.
Remedies for wrongful termination
Workers who have been wrongfully discharged are entitled to several remedies as per the law. If you feel your employer acted unjustly in firing you, you may rightfully file a wrongful discharge claim. If you’ve officially been released, some of the remedies available to you will include monetary damages, and the opportunity to negotiate a proper severance package for adequate compensation. If the discharge wasn’t yet official, you are entitled to reinstatement to your former position, entitlement to back pay, recovery of lost wages, commissions, etc. and further measures to prevent similar future behavior.
Most cases dictate that the victim of a wrongful termination first files the charge with the state or federal agencies such as the Equal Employment Opportunity Commission, after which an investigation will be done to determine the proper remedy. It is only after going through EEOC that you can take your wrong termination lawsuit to the court of law.