Wrongful Termination Lawyer
Wrongful termination means getting fired from a job for an illegal reason. The dismissal could violate the terms of a legally binding contract, or it may have been due to unlawful discrimination based on race or color, sex, religion, age, national origin, pregnancy, or disability. Some states have added additional protected categories, like sexual orientation.
Most states are so-called “at-will” employment states, where an employer can fire an employee or an employee can quit for any reason or no reason at all. But the law limits the reach of at-will employment to make firing someone due to discrimination based on a protected category illegal. Companies that fail to comply with their own employment policies when terminating employment may also have committed wrongful termination.
Sometimes, an employer doesn’t outright fire an employee. Instead, they make working conditions so intolerable that they force the employee to quit, or the employer does not fire the employee but takes them off the schedule. This is called “constructive discharge.”
Constructive discharge can occur when an employer tolerates a discriminatory environment. Employees subjected to unrelenting racial or sexual harassment, age discrimination, or failure to provide reasonable accommodations for a disability may feel they have no choice but to quit.
Other kinds of unfair dismissal include firings that violate public policies, like terminating employment because someone takes legally mandated medical leave under the Families and Medical Leave Act (FMLA), discharging someone because they reported wrongdoing (whistleblowing), or terminating employment because an employee refuses to commit an illegal act (like “cooking the books”).
A wrongful termination lawyer can help you determine if you can make a case that you were fired illegally. Talk with an unfair dismissal lawyer about what happened to you, and what remedy you are seeking. Do you really want your job back? Or do you want compensation for lost wages or for the damage the termination did to your career and your finances?
Tamara N. Holder is an experienced wrongful termination lawyer, serving as an employment dispute lawyer in cases involving sexual harassment, hostile work environments, racism, ageism, and contractual disputes. Contact the Law Firm of Tamara N. Holder, LLC, for legal advice regarding wrongful termination and possible legal remedies for your situation.