What to Do if You’ve Been Wrongfully Terminated

WorkEmployeesLaw

Aug 30

Introduction

Workplace discrimination is a major problem, but it can be hard to see and even harder to prove. How do you spot workplace discrimination? How do you know if you’ve been wrongfully terminated, and how can you get compensation? This post will discuss all these, and more.

What is Workplace Discrimination?

Title VII (7) of the Civil Rights Act prohibits discrimination based on race, color, national origin, religion, sex, or sexual orientation. Ohio’s Civil Rights Act adds military status and ancestry to that list, and other state laws include identifiers such as marital status, pregnancy, age, disability, and gender identity. While these types of workplace discrimination do occur, they can be difficult to prove, so be sure to document all the evidence you can before making your case.

Workplace retaliation is another type of discrimination, and refers to instances when an employer fires or penalizes an employee for participating in a protected activity. Protected activities include demanding earned or equal pay; reporting regulatory violations, such as a breach of OSHA regulations; refusal to comply with discriminatory policies or to engage in workplace bullying; requesting accommodation for a religious ritual or disability; etc. Retaliation might take many forms, such as increased performance scrutiny, unfairly harsh evaluation, denial of an earned promotion, schedule changes that interfere with outside activities, verbal or physical abuse, or termination.

The final type of workplace discrimination is when an employee is terminated in violation of public policy. This refers to an employer terminating an employee for complying with a clearly set out public policy; for instance, if an employee takes time off work for jury duty, their employer would be in violation of public policy to terminate their employment for it.

How Do I Know if I’m Being Wrongfully Terminated?

“In an at-will employment state like Ohio, employers are allowed to be irrational, rude, or unfair, unless they run afoul of the legal principles [mentioned]” (Dyer, et al). Because of this, it can be very difficult to know when you’ve been wrongfully terminated according to the law. Be on the lookout: were you fired after taking earned time off? After requesting a raise or promotion? During or directly following medical leave? If so, especially if your employer does not give you a proper reason for it, you may have been wrongfully terminated. Additionally, watch for unfair or unequal treatment and favoritism among the other employees in your workplace; are women and men treated differently? Are certain minority groups judged more harshly than others? If you notice any of these things, you may be at higher risk of workplace discrimination. Furthermore, if you suspect foul play, take a closer look at your workplace’s policies; sometimes policies that seem harmless may have a disproportionate effect on certain groups. This is called disparate impact. For instance, requiring that employees have a car might disqualify a disproportionate number of poorer, younger, and older employees.

How to Take Action

If you suspect you have been wrongfully terminated, first compile as much hard evidence as you can - wrongful termination claims can be difficult to prove without it. Second, make sure to research the time frame in which you must file your claim - wrongful termination cases typically must be filed within a certain amount of time after the incident, though this varies from state to state. Finally, consult with a lawyer - during an initial consultation, they’ll tell you whether you have a case or not. If your case is accepted and succeeds in court, you may be awarded “back pay, front pay, compensatory damages for emotional distress, punitive damages, attorney fees and other types of damages, or some combination of these” (OhioBar). At the very least, this compensation can help you stay on your feet while you search for a new job.

Conclusion

If you face discrimination or even unlawful termination from your job, it can feel as though it will ruin everything. This does not have to be true, however. There is recourse available, and you may be able to receive compensation. The most important thing you can do to vouch for yourself as an employee is to know your rights!