It is important to talk with an employment attorney as soon as possible after the wrongful discharge if you think you have been improperly terminated from your job. You may have actionable rights the can be asserted on your behalf if you pursue the action with an attorney before any relevant statutes of limitations run on your employment claim or before the availability of any state required administrative pre-filing investigatory procedures can no longer be timely filed . If you think that you have been the victim of adverse employment action by your employer you should discuss the possibility of filing a wrongful termination lawsuit against the employer with an experienced employment attorney right away in order to fully preserve and protect your rights and interests against any additional damages.
Any of the following improper acts by an employer against an employee may constitute an adverse employment situation culminating in a violation the law which will giving rise to a cause of action by the employee against the employer for wrongful termination:
- undue close supervision and/or scrutiny
- a constructive discharge
- a demotion
- a denial of tenure
- employer failure to accommodate
- employer failure to grant leave
- employer failure to rehire
- employer failure to hire
- employer failure to promote
- harassment on the job
- hostile work environment
- isolation or ostracization
- lay-off
- loss of benefits
- loss of pay
- loss of seniority
- negative evaluation
- negative job reference
- employer pay increase denial
- employer reassignment or transfer
- reduction in pay
- reprimands
- restrictions
- complete termination of the employee
The law requires that if an individual believes they have been harmed by the wrongful conduct of another, they must bring a lawsuit within a specifically limited period of time. This is called a statute of limitations. Failure to bring a lawsuit, or take the required pre-filing actions concerning preserving that right to sue, such as filing a claim of discrimination where required with a State administrative agency or the federal agency like the Equal Employment , may eliminate your right to recover damages if that other party is found liable.
In some States a cause of action for wrongful termination due to employment discrimination, harassment, retaliation, denial of medical leave, denial of accommodations, pregnancy leave , or wrongful termination can have a statute of limitations as short as just one year. In addition, the State in which the employee lives may also require that the employee obtain a “right to sue” letter from a State agency or commission against discrimination enforcing State antidiscrimination law or alternatively a federal agency enforcing federal antidiscrimination laws such as the Equal Employment Opportunity Commission. The “right to sue” letter will designate a time period within which the employee must file a lawsuit against the employer or lose his or her right to sue. That time period may be as short as ninety days after notice of the agency decision on the claim. The inescapable conclusion for any employee who believes that they have been wrongfully treated by an employer is that he or she must seek out the assistance of an experienced employment lawyer as soon as possible in order to preserve his or her rights and interests from the effects of inadvertent claimant negligence or laches.