I think I was illegally terminated from my job. Do I need a lawyer?

Being terminated from a job is very distressing and painful, especially if the employee was terminated unlawfully. 

While employment laws vary from state to state, certain factors can help you determine if you, a loved one, or a friend were terminated unlawfully.

Following are some of those factors:

1. Employment Contracts: If the employee has an employment agreement/contract, that agreement may restrict the employer’s ability to terminate the employee. If the employer terminated the employee in violation of that agreement/contract—such as without providing proper advance notice or firing you without cause—the employee has a claim for breach of contract.

2. Discrimination or Retaliation for Opposing Discrimination: If the employer terminated the employee for a discriminatory reason—such as the employee’s race, gender, sexual orientation, religion, age, disability, national origin, or another protected characteristic—the employee has a claim against the employer under one or more federal or state discrimination laws.  If the employer terminated the employee in retaliation for opposing discrimination against the employee or other employees, the employee also has a claim  for retaliatory discharge under one or more federal or state employment discrimination laws. 

3. Overtime Pay Violations. If the employee was entitled to be paid overtime compensation (“time and a half”) for working more than 40 hours in a seven day period and the employer failed to pay all or a portion of the overtime compensation, the employer violated the federal law known as the Fair Labor Standards Act (“FLSA”) and, possibly, state overtime compensation laws. If the employer terminated the employee because employee challenged or opposed the employer’s overtime pay violations, the employee also has a claim for retaliatory discharge under the FLSA and, possibly, state overtime laws. 

4. Whistleblower Protection: If the employer terminated the employee because the employee reported—either to the employer or to an outside organization—what the employee in good-faith believed to be the employer’s illegal activities (for example, maintaining an unsafe or unhealthy workplace; committing illegal environmental practices; committing fraud on the government; federal securities violations; etc.)—the employee also has a claim against the employer under one or more federal or state “whistleblower” laws.

5. Family and Medical Leave Act. The Family and Medical Leave Act (“FMLA”) guarantees employees 12 weeks of unpaid leave because of the employee or a close family member’s serious health condition. If the employer terminated the employee because the employee requested or took such leave, the employee has a claim against the employer under the FMLA. 

Consult an Employment Lawyer: When in doubt, you, your loved one, or friend should immediately consult an experienced employment lawyer who specializes in labor and employment law. The reason immediate action is required is because all employment claims have deadlines. If a terminated employee fails to file his/her employment claim by the applicable deadline, that claim will likely be lost.  

The information provided here is general guidance, as every employment case/claim is governed by its unique facts. Employment law is complex, and the circumstances surrounding each termination will vary. An experienced employment lawyer can provide you, a loved one, or friend with tailored advice based on those unique facts and the applicable laws.

At Newar Law, we are here to help. Click here to schedule a consultation with Scott Newar about your case.