Can you be wrongfully fired

Wage and hour disputes can be complex and intimidating. But you have legal protections as an employee under California and federal laws. Some of the common wage and hour violations we see include failure to pay minimum wage, not allowing employees to take rest or meal breaks, not paying workers overtime as required under labor laws, and misclassifying workers. If you are filing a wrongful termination lawsuit over wage and hour issues, it would be in your best interest to compile documentation including pay stubs, employment contracts, company policies, schedules, etc.

Such documentation can help bolster your claim and serve as valuable evidence. If you reported illegal activity on the part of your employer and were fired as a result, you may have a wrongful termination lawsuit. For example, if you reported sexual harassment in your workplace to the company's human resources department and were fired soon after, that is a sign that your employer fired you as retaliation for reporting the harassment.

You may also have been wrongfully terminated if you were fired after blowing the whistle on illicit activity at your workplace such as safety violations, fraud, etc. We offer a no-win-no-fee guarantee, which means we don't charge you any fees unless you receive compensation.

Call us at for a free, comprehensive and confidential consultation. April 09, By Eric Kingsley. Wrongful termination has occurred when a person has been illegally fired or laid off.

Race Discrimination Wrongful Termination State and federal laws are crystal clear that it is unacceptable for any employee to be treated unfairly because of his or her race or the color of their skin. Retaliation Over Workers' Compensation Claims Wrongful Termination Retaliation over workers' compensation is another common scenario that could result in wrongful termination.

Birth and care of a newborn child. Care of an adopted or foster child. Caring for a family member who is suffering from a serious medical condition. If the employee is suffering from a medical condition that prevents him or her from doing his or her job. Other appropriate reasons to bring a wrongful termination lawsuit include being fired for being a whistleblower or being fired because you refused to commit an illegal act.

It would be illegal to fire you if you refuse to commit fraud against the government and bring a qui tam whistleblower lawsuit. What you need to prove and the recourse available to you in a wrongful termination lawsuit depends on the reason you were fired. In most states, employers may not fire you in violation of a public interest.

One such public interest involves complaints of discrimination. Accordingly, it is against public policy for an employer to retaliate against you by firing you for filing a discrimination claim.

Most states will only accept public policy that is expressed either in a state constitution or statute. However, some states allow you to rely on public policies expressed in administrative rules, professional ethics codes, or social ideas of public good. There are four general categories within the public policy exception to at-will employment: refusing to perform an act prohibited by state law, reporting a legal violation, engaging in acts that are in the public interest, or exercising a statutory right.

Refusing to perform an illegal act would include the refusal to engage in Medicare fraud described above. Reporting a legal violation is also protected by public policy. For example, if you chose to report the Medicare fraud, you could not be fired for that. Engaging in acts in the public interest include such actions as performing jury duty. If you are wrongfully terminated, you may be eligible for unemployment benefits under state law.

Litigation for wrongful termination can take a long time, during which time unemployment insurance benefits can help you get back on your feet. The requirements to file for unemployment compensation vary from state to state.

Anti-discrimination laws are federal laws, but there are additional laws in place in New York State and New York City that further protect employees from wrongful termination. Whistleblowing occurs when a person reports wrongdoing within a company for a variety of reasons.

Whistleblowing retaliation is not always illegal, but it is in certain instances. If you know of something illegal or unethical occurring at your place of employment and you speak out against it or report it to the authorities, your employer may be barred from terminating you for your actions. Protection may also available for employees who refuse to perform illegal acts while on the job. This protection applies to both safety issues and violations of wage and hour laws.

For instance, if you were to refuse to work a double shift because it violates a law and you are fired, you may have a right to pursue a claim against your employer. Job protection is also in place for employees who need to take time away from their work for specific reasons. While it is possible to be legally terminated if you miss too much time from work, you cannot be let go if your time away is protected under the Family and Medical Leave Act, because of military service obligations or under certain other laws protecting employee leaves.

Employees are also protected if they need time away from their work to vote or to serve on a jury. The time permitted for these activities is not unlimited, so if you need to take time off for a reason related to one of these protected activities, you should speak to your employer.