What is the difference between just being fired and being wrongful
termination?
- Employees serve “at will”…in other words, generally
you don’t have a right to your job, and your employer can let
you go at anytime.
- An exception to this rule is when you are fired for an illegal reason
or because you are in a protected.
What are a few of the situations where firing an employee would
be considered wrongful termination ?
You can’t fire someone because of his or her race.
You can’t fire someone:
- Because they are a Whistleblower
- as a part of sexual harassment.
- Or due to age, if they are getting closer to retirement.
What penalties could an employer face if they are found guilty
of wrongful termination?
- It will vary greatly depending on the circumstance.
- Civil rights violations carry fines.
- Money damages for lost wages is available in civil lawsuits.
If you are an employee and you feel you’ve been wrongfully
terminated, what should you do?
- You need to contact an attorney whose practice focuses in that area
of the law since there are short deadlines to apply for a “right
to sue letter” from the EEOC.
- Also, your attorney will help you draft a certified letter requesting
the reason for your termination.
- You have a right under Missouri law to force your employer to place
in writing the reasons for your termination.
What are the penalties for failing to produce such documentation?
If the company fails to produce a written reason for the dismissal within
45 days of the request, they may be held liable for lost wages. The fired
employee has to prove that they were delayed or prevented from getting
another job as a result of not receiving the documentation. Punitive
damages are not allowed.
If you feel you have been terminated for an impermissible reason,
protect your rights and call an attorney immediately.
