Posted on by 150,000 individuals are unfairly dismissed in the U.S. Everyone is terrified about losing their job. You’re concerned about your income source, getting new work, and the time and effort it will take to get things back in order. In certain cases, you may know why you were terminated from work, but this is not always the case. You may be wondering what caused your dismissal and whether it was lawful.
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If you believe your employer dismissed you wrongfully, an L&I lawyer could be able to assist you. We realize how tough this situation is and want to listen to you. Employers cannot unlawfully fire their employees and expect not to be held responsible. Let’s take a look at some of the most prevalent signs that you were unfairly terminated.
You Were Dismissed While On FMLA Leave
If the FMLA law covers you and your employer fires you while you are on authorized leave, you could have a case for wrongful termination since you asserted your option to take absence.
You might also have a lawsuit if you were downgraded, put under a performance review without cause, or given back to a new position that was not equal to your former position. Your position does not have to be held vacant for you while you are away, but a comparable position must be offered when you return. Although this is not exactly a “termination,” it is nonetheless something you should explore with an employment law attorney.
Nevertheless, going on FMLA leave does not give you a free pass to do anything you want. You could always be fired for reasons unconnected to your absence, such as poor work productivity, or for no cause at all, as long as the reason is not because you had FMLA leave.
You Experienced Work Discrimination
Some workers believe that if they have worked for a firm for a long time and are subsequently dismissed, it cannot be discriminatory based on gender or race because the employer would have been aware of these from the beginning. That is not always the case, though. Occasionally new management takes control, or consider the following scenario:
Despite the fact that you’ve been with the firm for many months, nobody has met your partner. You go to the corporate party with your partner who is physically recognized as a specific ethnicity or is dressed in apparent religious gear. Until they met your partner, the employer might not have considered you as that religion or race. You have now been fired. You may be able to file a claim for unfair dismissal due to discrimination.
You Reported Workmates for Illegal Activities
If you supplied proof or popped the lid on colleagues who were engaging in unlawful or fraudulent behavior while working in their position as workers of your employer and were subsequently fired, you may be able to file a wrongful dismissal action. For instance, if you disclose that your superintendent is filing false Medicare claims, or that your boss is dumping contaminants in the lake behind the workplace, or that the finance department is granting false reports to the investors and federal agencies, you may be able to file a whistleblower action.
You Had a Legal Contract and Were Fired For Unspecified Causes
There is frequently a provision in a formal contract that says under what conditions you can be terminated. If you were dismissed for a reason that was not expressly stated in your contract of employment, you could have grounds for an unfair dismissal claim.
You Were Slandered
Defamation happens when someone purposefully publishes incorrect information about you, jeopardizing your image or good status in society. Suppose your boss slanders you during the termination process. In that case, you may be able to claim unfair dismissal and perhaps win a defamation action because those false facts may make it harder for you to obtain another employment.
If you feel you were dismissed for one of the reasons mentioned above, you should compile all work records pertaining to your circumstance. Job handbooks, performance evaluations, and your contract of employment are all examples of this.
Regardless of why you feel you were unfairly dismissed, you must demonstrate that your conduct fell under a covered category and that your boss lacked legal reasons to dismiss you. You will require an expert attorney who can assist you in proving that your dismissal was unlawful.