Do You Have a Wrongful Termination Case: Five Signs to Look For
If you have recently dismissed from your job and feel that you were treated unfairly, you may want to take legal action. And if you are in search of a wrongful termination attorney colorado offers a large selection of lawyers. But how do you know if you have a case? Let’s discuss a few conditions.
There Was No Official “Cause” for Termination
In many states, employees are thought to be “at will,” which means that employers don’t need a reason to terminate your employment. However, there is a chance that your contract could read differently. It may indicate that you may only be fired “for cause.” The “cause” is often defined by your contract or by state law and could include things such as willful misconduct, failure to perform job functions, or even disclosing secrets of the company. In this case, if your employer did not name one of these reasons, you may have a case. How the case is handled will depend on what state you reside in.
You Were Discussing Labor or Workplace Issues With Co-workers
According to the National Labor Relations Act, you can’t be terminated for engaging discussion about low wages and working conditions. Even if you are not a part of a union, you are still protected under this law. If you suspect that you were terminated due to concerted activity, then you may have a legal claim.
If you happened to be a witness to wrongful activities on the job and reported them, and were fired in response, then there is a good chance that you have a claim for wrongful termination. This would be considered unlawful retaliation. Employment laws have been set in place in order to protect employees who report illegal conduct or misconduct.
There are also cases in which an employee may discriminate against you. This may be on the basis of your race, gender or even your citizenship. However, there are laws against this. This may result in a private lawsuit or lead to discrimination charges that are filed by the Equal Employment Opportunity Commission.
Under the Genetic Information Nondiscrimination Act employers are prohibited from using your genetic information when they are making decisions about employment. Genetic information refers to the medical history of your family as well as tests that detect whether you have a high risk of developing a particular disease. If you have been terminated from your job based on any of this information, no matter how it was obtained, then your former employer may face penalties.
There are several instances in which an employer may be well within their right to fire an employee. However, before taking legal action, it is important that you are familiar with the laws—specifically those that apply to your specific scenario. If you have been fired for any of the reasons above, then there is a good chance that you may be able to take action.