After a job termination, it is normal to feel angry or to think that it might have been unfair. What do you do if those feelings are correct? Can a job unfairly fire you? The answer, according to FindLaw, is that you can suffer a wrongful termination.
Instead of worrying that you have misplaced feelings, it is crucial that you discover whether you have a valid claim for wrongful termination.
When is termination discrimination?
Federal law includes what employers cannot discriminate against you for. An employer cannot terminate you for your:
- Genetic information
- National origin
- Gender or sex
If you find that your treatment is different than others due to these factors, then it is discrimination. Sometimes, it will not be obvious. Often comments and harassment are the easiest way to prove discrimination, but it is not the only way. For instance, if only women suffered layoffs in your company, this is clear discrimination.
How is this at-will employment?
In New York, an employee’s relationship with his or her employer is an at-will relationship. Basically, it is your right to choose to work there and to quit whenever you see fit. Likewise, your employer is free to fire you whenever he or she sees fit. So, how can there be discrimination? The answer is that while your employer can fire you whenever he or she wants to, it cannot be for an illegal reason. There are still protections in place to stop termination if the termination is unlawful.
If your termination was not only unfair but unlawful, the law is on your side. Our website includes more information about wrongful termination and discrimination.