{"id":1784,"date":"2018-05-08T16:25:14","date_gmt":"2018-05-08T16:25:14","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/az-labor-employment-law\/?page_id=1784"},"modified":"2022-07-19T21:36:18","modified_gmt":"2022-07-19T21:36:18","slug":"sue-for-wrongful-termination","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/az-labor-employment-law\/blog\/sue-for-wrongful-termination\/","title":{"rendered":"When Can You Sue For Wrongful Termination?"},"content":{"rendered":"
“At-will<\/a>” employment laws allow employers to terminate employees at any time, for any reason, unless there is an employment contract or collective bargaining agreement that says otherwise. That said, at-will employees are protected by a number of other employment laws that prohibit disciplinary action and termination when the motive is unlawful. Under the applicable federal, state, and local employment laws, wrongfully terminated employees have the right to file a complaint with the appropriate regulatory agency and to file a lawsuit. Whether you choose to submit a complaint, file a lawsuit, or both, you may be entitled to damages and restitution in a successful case.<\/p>\n If you believe you have been unlawfully terminated by your employer, consider whether your case falls under any of the following types of wrongful termination:<\/p>\n Federal employment laws prohibit employers from disciplining or terminating an employee based on their race, color, religion, gender, national origin, pregnancy, disability, and age (over 40). Many states and local governments have adopted similar anti-discrimination laws to provide protection for employees at the state-level. Some states and local governments impose even stricter standards, additionally prohibiting discrimination based on an employee’s marital status, immigration status, sexual orientation, or gender identity.<\/p>\n Wrongful termination lawsuits that allege discrimination against a protected characteristic are perhaps the most common type of wrongful termination cases, though they’re notoriously difficult to prove. Most employers know that they can’t terminate an employee based on a protected characteristic, so it’s extremely rare to see an employer admit that discrimination was a factor in an employee’s termination. Unfortunately, it’s not too difficult to fabricate another reason for termination, or to simply provide no reason for termination at all (which is allowed under at-will employment laws).<\/p>\n To successfully prove discrimination in a wrongful termination case, you’ll need to prove that the employer acted with unlawful motive. Direct evidence is best (e.g. an incriminating email, or testimony from a witness), though circumstantial evidence is far more common. Circumstantial evidence could include proof that other employees who committed the same mistake weren’t disciplined or terminated, or the fact that the employer ignored established company policy when they terminated you.<\/p>\n Retaliatory termination falls under the same category as discrimination, but it’s worth mentioning separately. Employers are prohibited from taking any negative action in response to an employee’s participation in a “protected activity.” Examples of protected activities include:<\/p>\n\n
Discrimination<\/h2>\n
Retaliation<\/h2>\n
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