Losing your job is a terrible situation, but it can be worse if you feel that you are a victim of wrongful termination. In most situations, though, your employer can fire you without any reason because most jobs are at-will. This means that you can quit whenever you want. The only real protection comes if you have a contract.
The NY Attorney General explains that a contract typically states the parameters of your employment, including when the employer may let you go. This means that if your employer fires you outside the agreement in the contract, then it is wrongful termination. There are a few other situations where it may also be wrongful termination if you do not have a contract.
1. Legal protections in place
If you report your employer for a labor issue or a safety issue, you have protection from retaliation under the law. If your employer fires you because you made a report, then you may have a claim for wrongful termination.
2. Taking leave
If you take a leave from work due to jury duty, military service or under the Family and Medical Leave Act, then you have protections against losing your job. If your employer states that your leave is the cause of letting you go, then you may have a wrongful termination case.
3. Discrimination
There are various protections offered to you by discrimination laws. Your employer cannot use discrimination as a reason to fire you. For example, if your employer lets you go because you practice a certain religion, then this is wrong because discrimination laws protect you against religious discrimination.
If you think that your employer wrongfully terminated you, then you will need to provide evidence and prove your case. This is tricky, but it is your right to fight against an employer who fired you for illegal reasons. Doing so not only protects you, but others from the same situation.
