Terminated from Job as Retaliation

Federal statutes prohibit discrimination because of race, color, religion, sex, national origin, age, disability, genetic information and in some instances veteran status. All of these Federal laws prohibit covered entities from retaliating against an employee for pursuing their rights under this litigation or simply because they are a member of the protected class. Wrongful termination is a form of retaliation. These laws are enforced by the Equal Employment Opportunity Commission. (EEOC)

What Employers and Employees are Covered?

These statutes apply to employers with fifteen or more employers, local, state, and federal governments, employment agencies, and labor organizations. Prohibitions against retaliation apply to members of the protected class. It also applies to persons who are not members of the protected class but who may assist a member of a protected class by helping them pursue their rights, testifying for that person, or protesting against illegal activities by the employer against the protected class.

What to do if You are Terminated

If you are terminated or are about to be terminated because you are a member of a protected class or in some way assisted a member of a protected class, you should:

Not take any negative or destructive acts against your employer
Familiarize yourself with the terms of your employment contract if you have one
Inquire about the reasons for your discharge and get them in writing if possible
Return any company property and follow all post employment procedures
Review your personnel file
Request and negotiate a severance package if appropriate, and get it in writing
Find out if possible who made the decision to hire you
Consult a lawyer specializing in employment law

Do You Need a Lawyer?

There are strict timelines to follow in pursuing a claim for employment discrimination, which would include wrongful termination as retaliation. You should contact the EEOC immediately when you feel your rights may have been violated. Additionally, if you feel you have been wrongfully terminated, consult a lawyer who specializes in employment law. They can advise you on the strength or weakness of your case, give you information about what you need to prove your case.

Summary

Termination of employment as retaliation because of your race, religion, age, sex, national origin, disability, or genetic information is discrimination and illegal under federal and state law. Termination of employment as retaliation because of you assisted someone who was a member of a protected group through testimony, protest or other forms of assistance is also discrimination and illegal under federal and state law The EEOC enforces the various laws relating to employment and discrimination. There are strict timelines involved in pursing your rights under these laws. Consult competent legal counsel to assist you.

Wrongful Termination Claim?