Workers rely on their jobs for income and benefits. Their employment can also contribute to their self-esteem and self-perception. The sudden loss of a job can be traumatic on an emotional level. People may question their worth. Job loss can also be devastating on a financial level. Most people don’t have enough savings to support themselves and their families without regular income.
Many people who have lost their jobs end up scrambling for new opportunities and jumping at the first job offer they receive. Frequently, a sudden termination may force a worker to accept lower wages, less comprehensive benefits or a less prestigious job title. In some cases, workers may want to hold their employers accountable for the setbacks created by their job loss. They may decide to pursue a wrongful termination lawsuit.
What termination scenarios are considered wrongful?
When the company retaliated against the worker
State and federal employment laws extend certain rights to workers. They have the right to a safe workplace and to report violations of safety standards. They have a right to fair wages, including overtime pay and minimum wage. They have a right to work in an environment free from discrimination and harassment.
Employers sometimes punish or retaliate against workers who have made use of their employment rights. If a company fired a worker for talking to a union representative, asking for unpaid leave or seeking medical accommodations, the worker may have grounds for a wrongful termination lawsuit on the basis of retaliation.
When the company discriminated
As previously mentioned, employees have a right to be free from discrimination on the job. Their protected characteristics should not influence the jobs they secure or the wages they receive. Employers cannot consider factors such as age, race, sex or religion when making decisions about who to promote or who to lay off.
If an employer referenced protected characteristics when firing a worker, like a worker’s desire for leave to attend church on Sundays, then the employee may potentially have grounds to allege that the company discriminated against them. In cases involving widespread terminations or layoffs, workers may be able to establish that the company discriminated by including an outsized portion of workers with the same characteristics in the staff reduction.
Establishing that employers violated employment laws can be difficult, especially for those feeling stressed about their future because of a job loss. Workers who think that their recent termination may have been wrongful may benefit from discussing the situation and determining if they are in a position to take legal action.