Employers have an obligation to treat their employees fairly, in accordance with federal statutes. These federal laws provide a variety of protections that prevent your employer from wrongfully terminating you. Understanding these protections can help ensure that you receive fair treatment from your employer.
If you have been wrongfully terminated, you might have a valid legal claim against your former employer. A federal wrongful termination lawyer from the Law Office of Aaron D. Wersing can help you get the justice you deserve.
Wrongful Termination & Employment Discrimination
A variety of federal laws prohibit an employer from terminating you based on traits and characteristics that include:
- Skin color,
- National origin, and
You cannot be terminated because you are pregnant or gave birth, or due to any medical condition related to pregnancy or childbirth. You cannot be fired based on any of your genetic traits or ancestry. Your employer cannot fire you based on your marital status, gender identity (including transgender status), or sexual orientation. Employers must also provide reasonable accommodations to their employees based on a disability as well as religious beliefs and practices.
Further, federal law protects you from potential retaliation by an employer. For example, your employer cannot terminate you because you complained about being discriminated against, participated in or assisted with a discrimination investigation, or filed a legal claim alleging discriminatory treatment.
You might have been subject to a different type of discriminatory termination than those listed here. Talk to an experienced employment attorney to determine whether you have been wrongfully fired by your former employer.
Wrongful Termination & FMLA
The Family and Medical Leave Act (FMLA) allows you to take an extended (unpaid) leave from your job for specified family and medical reasons, such as if you suffer from an illness or if you need to take care of a sick family member. Both parents are allowed to take unpaid leave for the birth of their child.
You may also take leave for specific reasons related to a family member’s military service. FMLA provides flexibility for how you can take your leave, including arranging for an intermittent or reduced work schedule.
After you return from your leave, the employer must reinstate you in an equivalent position with equivalent compensation and benefits. FMLA is a complex area of the law. A wrongful termination lawyer can explain your rights and entitlements under FMLA and help you determine if you might have a viable case.
Wrongful Termination & Workplace Safety
Certain federal laws protect your health and safety in the workplace. Your employer must ensure that your workplace is free from any known safety or health hazards. Employers must provide applicable safety training in a language you can reasonably understand and ensure that any equipment or machinery you work on is safe to operate. Your employer must provide you with appropriate safety equipment and protect you from toxic substances while on the job.
Your employer cannot legally terminate you for speaking out about potential safety issues, for filing a report about a workplace injury, or for filing a valid workers’ compensation claim. You are also legally entitled to review the results of workplace testing to identify potential hazards.
This right to review workplace testing is now significantly more complex due to the COVID-19 pandemic. Changes to federal laws and to their interpretation are ongoing. If you were terminated due to a workplace safety issue, talk to an attorney as soon as possible to learn more about your legal rights to pursue a claim.
Other Potential Wrongful Termination Issues
You could be wrongfully terminated for any number of reasons beyond those noted above. Your employer might not be able to legally fire you for actions involving a labor union, for example. You also cannot be terminated for refusing to take a lie detector test in most cases. You likely cannot be fired in most cases for refusing to break the law in the course of your job or for being a whistleblower.
The best way to determine the viability of your case is to talk to an experienced employee rights or employment law attorney.
How Can a Federal Wrongful Termination Attorney Help You?
Consulting an experienced attorney can give you the knowledge and information you need to pursue justice. In many cases, employers wrongfully terminate employees because they simply don’t know the laws or how those laws apply to their business. In other cases, however, an employer might fire you despite knowing that it violates the law. Wrongfully terminated employees may be afraid of what could happen if they pursue a claim or think they can’t afford a lawyer to help them.
In most cases, you can consult an attorney at no cost, as most offer complimentary case evaluations. How attorney’s fees work for you will depend on the attorney and the nature of your case. However, if you were wrongfully terminated, you could be entitled to recover your attorneys’ fees, as well as compensation for lost wages and benefits, the difference in the cost of your medical insurance, emotional distress, or other related damages.
Get Help from a Federal Wrongful Termination Lawyer Today
Attorney Aaron Wersing of the Law Office of Aaron D. Wersing is an experienced employment law attorney who assists wrongfully terminated clients from across the country. At the firm, we understand the complex issues you face and vow to work tirelessly to protect your legal rights. Combining extensive legal knowledge and experience with empathy and commitment allows us to help protect your legal rights and get the justice you deserve.