If you have been fired from your job, you might wonder whether your firing was legal. A person’s termination is wrongful if he or she was fired in violation of an employment contract or in violation of state, federal, or local laws. The employment attorneys at Swartz Swidler help people who have been wrongfully terminated from their jobs.
Was your termination wrongful?
If your employer fired you because of your race, age, sex, pregnancy, religion, or national origin, your termination was wrongful. Termination for a discriminatory reason is against the law.
Consider whether your employer made any statements that were discriminatory. Think about whether your employer fired you not long after he or she found out about your religion or other protected status. If your employer treats members of groups differently because of their gender, race, age, religion, or color, and you were a member of a targeted group, your termination may have been illegal.
Employers sometimes allow harassment to happen at work. If the harassment is based on your protected characteristics, it is unlawful if it was severe enough that your workplace was a hostile environment. Hostile work environment harassment may include obscene jokes, bigoted statements, and other similar conduct. It must be pervasive enough to interfere with your ability to do your job. Quid pro quo harassment is similarly prohibited. This occurs when a supervisor makes unwanted sexual advances in exchange for job benefits or to prevent adverse job actions.
If you participated in protected activities and were terminated by your employer in retaliation for doing so, your termination may be unlawful. For example, if your employer fired you for reporting OSHA violations, you may be able to file a wrongful termination claim against your employer.
Breach of employment contract
If you had an employment contract and were fired in violation of the provisions of it, your termination would be wrongful. Employment contracts may be written or implied. An implied contract may be created because of statements in an employee handbook or verbal promises that were made to you.
Contact Swartz Swidler
If you were fired for a wrongful reason, it is important to learn about the rights that you might have. Contact the employment lawyers at Swartz Swidler today to schedule a consultation.