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2 min read

Can I Sue My Employer for Wrongful Termination or Discrimination?

If you have been unfairly fired or discriminated against, it is natural to wonder, "Can I sue my employer for wrongful termination or discrimination?" You have legal rights against this kind of treatment as an employee.

Facing wrongful termination or discrimination in your workplace can be stressful, and some circumstances may give you grounds to sue your employer if you have experienced this treatment.

First, let us define what we mean by wrongful termination and discrimination.

Wrongful Termination

Wrongful termination refers to the unlawful dismissal or firing of an employee. While some employment laws vary by state, there also are federal laws that specify circumstances in which the termination of your employment may be considered wrongful.

Some common examples include termination based on race, gender, age, religion, disability, or in retaliation for whistleblowing or exercising protected rights such as taking leave under the Family and Medical Leave Act (FMLA).

Discrimination

Discrimination in the workplace occurs when employees are treated unfairly due to protected characteristics such as race, gender, age, religion, disability, or sexual orientation.

Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination. Employers are legally obligated to provide equal employment opportunities and a work environment free from discrimination, harassment, or retaliation.

Proving Wrongful Termination or Discrimination

To successfully sue your employer for wrongful termination or discrimination, you will generally need to provide evidence to support your claim.

This may include documentation of discriminatory practices, discriminatory remarks or behavior by supervisors or colleagues, records of unfair treatment, performance evaluations, witness statements, and any relevant company policies or procedures that have been violated.

It is best to consult with a Labor and Employment law attorney about your situation to identify the documentation and evidence needed in your case.

Your Legal Options

You may have legal options to seek justice if you believe you have been wrongfully terminated or subjected to discrimination. Of course, these options can vary depending on your case's jurisdiction and specific circumstances, so be sure to consult a Labor and Employment attorney for advice relevant to your situation.

Some of your potential legal options include filing a complaint, mediation, and suing your employer.

Filing a Complaint

Employees can file a complaint with a government agency responsible for enforcing anti-discrimination and employment laws. Federally, this is the U.S. Equal Employment Opportunity Commission (EEOC).

Once you file a complaint, the EEOC reviews it, may investigate it further, and, if appropriate, takes legal action on your behalf.

Mediation or Arbitration

In some cases, employers and employees may mediate or arbitrate disputes outside of the courtroom. These alternative dispute resolution methods can help you reach a mutually agreeable resolution without going through formal litigation.

Filing a Lawsuit

If mediation or arbitration fails or is not an option, you may file a lawsuit against your employer. If you decide to go this route, consult a Labor and Employment law attorney specializing in wrongful termination or discrimination cases. They can guide you through the legal process, help gather evidence, and represent your interests in court.

Do You Need Legal Help for Wrongful Termination or Discrimination?

Wrongful termination and workplace discrimination are serious matters. They can have a significant impact on your career and your life in general.

While laws are in place to protect you, pursuing legal action requires careful consideration and the gathering of solid evidence.

If you believe you have been wrongfully terminated or subjected to discrimination, it is crucial to consult with an experienced Labor and Employment law attorney who can assess the merits of your case, advise you on the best course of action, and advocate for your rights.

We invite you to get a free consultation with the Labor and Employment Law Legal Team here at Whitcomb Selinsky, PC. Call (866) 433-4116 or click here to use our convenient online form to tell us how we can help.

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