Can I Sue My Employer If I Am Terminated for Something I Didn’t Do?
Wrongful termination cases can be complicated to adjudicate, and it can be hard to know as an employee what your rights are. Everyone assumes that their employer will not release them from employment based on an accusation or an incorrect investigation, but these things do happen. If you think that you have been terminated unfairly and know that you were not the person who made the error you got fired for, you might be able to sue.
You can sue your employer if you were fired wrongfully, but these cases can be complex to try as the employer may have had other legal reasons for letting someone go. Not all firing is illegal — even if you were held accountable for something that you did not do.
If you want to know more about whether or not your employer can terminate you for a mistake that you did not make, this blog from Hux Law Firm should answer some of your questions.
What Are the Reasons That An Employer Can Fire Someone?
There are legal reasons that an employer can terminate an employee. These legal at-will termination reasons are not grounds to sue your employer:
- Breach of contract
- Poor job performance
- Violation of an internal policy
- Stealing or theft
- Violence toward and abuse of co-workers
- Misconduct
These are the most common at-will reasons for employee termination that are legal, but there are other items that might fall under this heading. If you have been terminated for these reasons, you will be unlikely to successfully sue your employer.
When Can You Sue for Termination?
You can sue your employer if you have been terminated for the following reasons:
- Discrimination
- Breach of company policy
- Retaliation
- Whistleblower action
- Breach of employment contract
There are other reasons that you might be able to sue your employer for terminating you, but these are the most common reasons for being able to bring suit against your employer.
Additionally, if you have been fired due to being disabled or because of discrimination against your race, gender, orientation, and other protected factors, you can sue your employer. Genetic information also cannot be used as a means to fire you. There are various laws that govern the way that employers can terminate employees, and if your employer does not follow them you might be able to sue due to the way in which you were terminated as well as for the reasons that you were fired.
How Can a Lawyer Help?
If you have been terminated and believe that you were wrongfully fired, you will need to speak with a skilled attorney. These cases require an extensive research and discovery process — and your lawyer will have the permissions necessary to secure emails, contracts, internal employer documents, and other information necessary to prove that your termination was not legal.
Make sure that you do not wait too long to secure the help of a lawyer. The evidence that is needed to support your case might be hard to track down if too much time has elapsed following your termination. The testimony of other employees might also be needed to support your case, and it is much easier to prove that you were wrongfully terminated when the person who fired you is still employed at the company.
Every employee who believes that they have been wrongfully terminated should follow these steps:
- Send emails and documents to yourself before you lose access to your computer. Your attorney can compel the business to provide these documents, but it saves time to have them on hand.
- Take notes about the situation and write down names, dates, meetings, and other details.
- As co-workers, if they would be willing to make statements about the situation.
- Contact a skilled employment attorney right away and start the process of having your case reviewed.
These cases usually have a two-year statute of limitations, but you should not delay reaching out to a skilled attorney for help with your case.
Contact Us For Help With Your Wrongful Termination Case
If you have been fired and feel that you were terminated wrongfully, we can help you with your case. We are experts at handling these kinds of termination cases, and we will work hard to collect all the information and evidence that is needed to support your case. Your employer should not be allowed to fire you without following legal processes, and you should not feel like you have no recourse if you have been discriminated against.
Employers must follow legal processes to release employees from employment, and we can help you to seek compensation for your wrongful termination.
