How to know if you have a potentional wrongful termination suit

| Jan 14, 2021 | Employment Law

If you have recently lost your job, you may wonder if there are any legal actions you can take against your former employer. In many cases, the employer has all the power concerning termination of employment, but there are instances where wrongful termination can play a role. There are some ways that recently fired employees in Kentucky can recognize whether they were fired illegally.

Employed at will

Most states have laws on the books that give an employer the power to fire you for any non-discriminatory reason. In these states, you can lose your job with no prior warning for any reason that the federal government does not consider discrimination. In addition to not having to give you any warning, employers in these states do not have to provide any reason for your termination after the fact.

What defines discrimination

The waters surrounding termination in employed-at-will states get murky. If you have lost your job, your employer may not have even told you why they fired you. However, the federal government provides anti-discrimination laws that prevent employers from hiring, firing, promoting or demoting someone based on the following:

  • Race or color
  • Gender or sex
  • National origin
  • Disability
  • Pregnancy
  • Religion
  • Genetic information
  • Being older than or younger than 40, depending on the state

If you believe that your termination stems from any of the aforementioned factors, you may have a case for wrongful termination. An attorney may help you understand your state’s protections against discrimination.

What can you do?

There is a process in place that you have to follow if you want to charge your former employer with wrongful termination. Before you can file a suit, you will have to file a claim with the EEOC where you make your initial claims of wrongful termination.

Once you have contacted the EEOC, you should find a local attorney to represent you in your wrongful termination suit. This attorney may help you gather information about your claim and represent you in negotiations for a settlement from your former employer.