Wrongful Termination: You Need To Know Why You Are Being Fired
There can be many underlying reasons why an employer fires an employee. However, in most cases, they don’t need a reason to do it. Most people work “at-will,” meaning they are not contractually bound to a company. Legally, they can leave at any time without notice, and an employer can terminate them at any time.
You Are Protected By Law
Federal laws are in place to protect you from being wrongfully terminated due to your race, religion, color, citizenship status, age, disability, or national origin. The Equal Employment Opportunity Commission (EEOC) enforces several laws – if your employer violates your rights, you should hire a Los Angeles lawyer if you faced unjust treatment at work.
Federal Laws That Protect Employees
If you choose to pursue legal action, you should know precisely why you were fired to build a strong case. Having a deeper understanding of the laws in place, which protect employees, will give you a general idea of what to look for.
The Pregnancy Discrimination Act
In the course of your employment, you cannot get fired due to pregnancy, medical conditions related to pregnancy, or childbirth.
The Equal Pay Act of 1963 (EPA)
If a man and woman have the same position at a company and are doing equal work, it is illegal to pay them different wages.
The Age Discrimination in Employment Act of 1967 (ADEA)
Anyone over the age of 40 is protected under this act. Discrimination due to an employee’s age is illegal – and it is unlawful for job termination as a result of ageist thinking.
Title I of the Americans with Disabilities Act of 1990 (ADA)
It is illegal to discriminate against someone with a disability who is qualified for the job. In public, private and government sectors, any participation in employment discrimination will result in an investigation or lawsuit. Employers are also required to accommodate any physical or mental limitations that may create challenging working conditions.
Sections 102 and 103 of the Civil Rights Act of 1991
This act mandates that compensation and punitive damage awards are provided in an intentional discrimination case.
Sections 501 and 505 of the Rehabilitation Act of 1973
It is illegal to discriminate against a qualified person with a disability in the government. It is also against the law for employers to retaliate due to complaints of discrimination, legally pursuing a claim based on discrimination, or getting involved in a lawsuit.
The Genetic Information Nondiscrimination Act of 2008 (GINA)
Discriminating against employees or applicants because of genetic information shared with the employer is illegal. It may be in the form of a genetic test, your family’s medical history, or any related medical conditions.
The laws listed also prevent an employer from firing you if you participate in an investigation or voice your concerns.
Hiring An Attorney
If you suspect you were wrongfully fired, you should seek legal representation right away. You must be able to base your claim on solid evidence to prove you got fired because of your age, race, or other factors.
Two reasons stand out for being wrongfully terminated at work; taking a protection action or being a protected group member. When your condition for disengagement falls into any of these categories, you need an employment attorney in Los Angeles to help fight your claims. Your employer is also acting against the law if you were fired as a result of the following:
- Your health condition
- Being a carrier of a disease
- Political affiliation
- Military status
- Criminal history
- Being homeless
- Physical appearance
- Marital status
If your termination results from any of the reasons stated below, it could be considered wrongful termination. Examples include:
- Filing a harassment or gender discrimination claim.
- Taking leave as stipulated by law.
- Reporting corporate fraud.
- Refusing to participate in illegal actions.
When this occurs, you should immediately hire the services of our dedicated legal team at Mann & Elias. Keep in mind that it is illegal for your employer to hire you if you investigate the workplace.