Many people call lawyers because of "wrongful termination" or harassment. It's too bad the term "wrongful termination" ever came into use. Because, despite all opinions to the contrary, there is no law of pure "wrongful termination." Wrongful termination is a firing that is in violation in one or more of the laws that protect employees in the workplace - generally the anti-discrimination laws.
In reality, most American workers labor under "at will" conditions. That means they may be fired at any time, and for any reason - except those few reasons that are considered, specifically, to be illegal. That means an employer's "stupid" or "wrong" or "improper" reasons are still legal. If an employer wishes to fire someone because the boss just wants to make someone feel worse than he or she does, it is usually perfectly legal. However, even under at will employment, when an employer wants to fire someone because, for example, she is a woman, or pregnant, or of the wrong race or religion, the termination may be illegal and actionable. A few of the types of claims that may be available to wrongfully treated employees are:
- The many state and federal laws that allow employees to bring claims. There are the discrimination claims: race, sex, religion, gender preference, etc. Most employers and most employees understand this general class of discrimination.
- There are also harassment claims. When a person unreasonably harasses someone at work because that person is of a certain sex, race, religion, etc., then the claim, under some circumstances, can be made that illegal harassment has occurred.
- Retaliation claims are often available as well. When an employee, for example, complains about discrimination (either theirs or someone else's), and then is retaliated against by the employer, a retaliation claim may be available.
- Finally, there are also claims concerning contract. If a written contract exists such claims are commonplace. Sometimes, however, an employer will make promises to an employee that are clear and unequivocal, and yet are breached by the employer when the termination occurs. This situation may also support a claim against the employer.
If any of the above kinds of actions are available, the employee needs to take action quickly. Specifically, if it looks like an employee may be fired, or is harassed, it is important for the employee to take certain actions to help protect their rights down the road. Specifically, the employee needs to:
- Take good notes about what is happening around him or her. Events that are unusual may need to be made note of. These kinds of notes can be very, very important to a case down the road.
- The employee also needs to collect and copy all employee handbooks and written policies that may apply to the situation.
- If it would not be too unusual, the employee should get a complete copy of their personnel records (when requesting the records use the term "records" not "file").
- Giving all of these documents to a lawyer is the best way to proceed. If, however, the employee does not wish to start with an attorney, the employee should, at minimum, file a charge of discrimination with the Illinois Department of Human Rights, the EEOC, or a local human relations commission.
To optimize the chances of recovery, it is important, however, to get to a lawyer. Employment law generally is extremely complex and it is rare that an employee can successfully navigate the ins and outs of pursuing a case. Seeking the help of an attorney who concentrates a large part of his or her practice in the area of employment law, will greatly increase the chances of ultimate recovery.
Most employers are good employers - or at least try to be good. Even the best employer, however, may unknowingly employ managers and employees who violate the employment laws. If wrongful things are happening to you at work, you cannot let your loyalty to your employer prevent you from protecting yourself.
