When an employer illegally fires an employee, it is considered wrongful termination. This can happen when the termination violates state or federal laws, such as firing someone due to discrimination based on race, gender, age, or disability.
Wrongful termination includes being fired in retaliation for reporting workplace issues, such as harassment or safety violations, or for exercising legal rights, such as taking family or medical leave.
If you believe your employer illegally terminated your employment, our Boston wrongful termination lawyer can advise you on your legal options during a free consultation.
Examples of What Is Considered Wrongful Termination on the Job
Wrongful termination can take many forms in the workplace. Common examples include:
Discrimination
Discrimination happens when someone is fired because of their race, gender, age, disability, religion, or other protected traits. For example:
- An older employee is let go while younger workers with similar performance are kept on.
- An employee is dismissed after revealing their religious beliefs. These actions break both federal and state anti-discrimination laws. If someone is fired for any of these reasons, it could be a wrongful termination, and the employee may have the right to take legal action.
Retaliation
Retaliation occurs when an employer fires someone for reporting illegal activities or dangerous conditions at work. This could include:
- Reporting sexual harassment in the workplace.
- Filing a complaint with the Occupational Safety and Health Administration (OSHA) about unsafe work conditions. If an employee loses their job after reporting any issues, that would likely be wrongful termination. Employees are legally protected from this action.
Breach of Contract
Breach of contract happens when an employer breaks the terms of an agreement with the employee. If the contract includes specific reasons for termination or a required process, and the employer doesn’t follow those terms, it may be a breach. For example:
- An employee has a contract guaranteeing job security for a set period, but they are fired early without cause.
- The employer doesn’t follow the disciplinary process outlined in the contract before firing the worker. In these cases, the employee may be able to file a wrongful termination claim based on the broken agreement.
Taking Protected Leave
Employees are protected from losing their jobs when they take leave under laws like the Family and Medical Leave Act (FMLA). For instance:
- An employee takes time off to care for a sick family member.
- An employee needs medical leave to recover from surgery. If an employer fires an employee for taking this legally allowed time off, it would be considered wrongful termination. These protections ensure employees can take care of themselves or their families without fear of losing their jobs.
Whistleblowing
Whistleblowing involves reporting illegal activities, fraud, or misconduct within the company. Employees are protected by law if they report:
- Financial fraud or violations of environmental laws.
- Unsafe or illegal activities happening at work. If an employer fires someone for whistleblowing, it is considered retaliation and is illegal. The employee may be entitled to compensation for the wrongful termination.
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How to Know if You Were Wrongfully Terminated From Your Job
Determining whether your termination was wrongful isn’t always straightforward. However, certain signs can indicate that your termination was illegal:
- You were fired shortly after reporting discrimination or unsafe conditions.
- The reason for your termination seems vague, inconsistent, or unfair.
- You had an employment contract, and the termination violated its terms.
- You believe your age, race, gender, disability, or other protected characteristic led to your dismissal.
If you suspect that your employer removed you from your position illegally, you can gather documentation and speak with an employment lawyer who can review your case.
Several Laws Protect Employees From Wrongful Termination
Several state and federal laws protect employees from wrongful termination, including:
- Title VII of the Civil Rights Act of 1964: Prevents employers from firing someone based on race, gender, religion, or national origin.
- Americans with Disabilities Act (ADA): Prohibits firing employees based on disability status.
- Family and Medical Leave Act (FMLA): Protects employees who take qualifying medical or family leave from termination.
- Massachusetts Fair Employment Practices Act: Protects workers in Massachusetts from discrimination and retaliation.
Whistleblower protection laws also protect employees who report illegal activities or unsafe work conditions from retaliation. These laws promote treating all employees fairly and legally when it comes to termination.
Understanding At-Will Employment and Wrongful Termination
In most states, including Massachusetts, employees work under something called “at-will” employment. This means an employer can fire an employee at any time, and the employee can also quit at any time.
In most cases, firing an employee under at-will employment requires no warning or specific reason. However, there are limits to what an employer can do. Even in an at-will situation, wrongful termination laws still apply.
If someone is fired for an unlawful reason, they could have a wrongful termination case.
The Difference Between Wrongful Termination and Unfair Termination
Wrongful termination happens when an employer fires someone for illegal reasons, like discrimination or retaliation. Unfair termination, on the other hand, refers to situations where being fired feels unjust, but it doesn’t necessarily break any laws.
For example, being fired due to a personality conflict or workplace favoritism may seem unfair, but it isn’t considered wrongful unless it violates specific legal protections. You can consult with an attorney about your situation to determine your next steps.
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A Lawyer Can Represent You in a Wrongful Termination Case
While it’s possible to file a wrongful termination claim on your own, hiring a lawyer can help you cover all your legal bases as you pursue your case. An employment lawyer knows state and federal laws that apply to your case and its potential outcome:
When you hire us to represent you, we will lead your entire case while you take care of yourself and your family. We will:
- Evaluate your situation: We can determine whether your termination was illegal and advise you on what action to take next.
- Handle legal paperwork: Filing claims, submitting evidence, and dealing with deadlines can be confusing, but we will file everything correctly and turn it in on time.
- Negotiate settlements: We can work with your employer to settle the case out of court, potentially getting you compensation faster.
- Represent you in court: You may be able to sue your employer if we cannot settle your case without going to trial. If the case goes to court, our attorney will present evidence and argue on your behalf.
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How Long Do I Have to File a Wrongful Termination Lawsuit?
The time limit to file a wrongful termination claim depends on your state’s laws and the type of case you pursue. This time limit is called the statute of limitations, and it can vary:
- Discrimination claims: Under federal laws like Title VII, you typically have 180 days to file a claim with the Equal Employment Opportunity Commission (EEOC), but some states give you longer.
- Retaliation claims: These also often follow a 180-day window, depending on the violation.
- Contract violations: If your claim is based on a breach of contract, the time limit may be longer, often up to three years, but this can vary by state.
It’s important to act quickly, as missing the deadline could mean losing your chance to file a claim.
What Compensation Can I Recover in a Wrongful Termination Case?
If you win a wrongful termination case, you could be entitled to several types of compensation, including:
- Lost income: This covers the income you missed out on from the time you were fired until you find a new job.
- Emotional distress: If your wrongful termination caused significant stress or mental health challenges, you could be compensated for that suffering.
- Legal fees: Some cases allow you to recover the costs of hiring an attorney to handle your wrongful termination claim.
- Reinstatement: If reinstatement is a viable option, you may be able to get your old job back.
These damages can help make up for the financial and emotional effects that wrongful termination can have on workers.
Call Us Today for Legal Help With a Wrongful Termination Case
If you believe you were wrongfully let go from a job, you can take action now. Duddy, Goodwin & Pollard handles wrongful termination cases and can put decades of legal experience toward fighting for your best outcome.
Our Boston employment and labor lawyers are ready to review your case, explain your rights and what the law considers wrongful termination, and help you pursue the compensation you deserve. Call us today for a free consultation, and let us help you fight for justice.
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