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Ask a Wrongful Termination Lawyer:
5 Common Examples of Wrongful Termination

If you were fired from your job and feel it may have been for unlawful reasons, it may be time to ask a wrongful termination lawyer about your legal rights. It is not uncommon for companies to push the borders of employment law, and you should not be the one who suffers from negligence or deceit. Here are a few of the more common examples of wrongful termination.

Wrongful Termination Lawyer

1. Race Discrimination

If you were terminated from your job after having witnessed an indication of bias against you on the basis of race, you may have grounds for filing a claim of wrongful termination. Such indications may include things like hearing language that implies there is a tolerated workplace bias against certain ethnic groups or examples where you feel you are being held to a different standard compared with employees of other racial groups.

Wrongful termination attorneys in Kansas City can help interpret these actions and determine whether your situation calls for legal action. If this is the case, they will then guide you through the process of filing a charge with the Equal Employment Opportunity Commission (EEOC). This is the first of potentially multiple steps in what can sometimes be a rather complex legal process, requiring expert legal counsel to ensure your rights are protected.

2. Age Discrimination

There are many reasons why age discrimination can occur in the workplace. For example, employers sometimes look for any reason to terminate an employee who is over the age of 40 in order to replace them with someone younger and willing to work for a lower salary. Whatever the reason, terminating an employee solely on the basis of age is considered wrongful under the Age Discrimination in Employment Act (ADEA).

Examples of age discrimination include situations where employees of different age groups are treated differently in terms of disciplinary actions. Are performance goals or expectations unfairly different, or is one age group held more accountable than the other? Age discrimination extends beyond just termination and includes things like promotions and raises, benefits, and even job interviews.

3. Retaliation for Reporting Sexual Harassment

Sexual harassment absolutely should not be tolerated in the workplace, and anyone who feels they are the victim of a hostile work environment has the right to file a claim under Title VII of the Civil Rights Act of 1964. If you feel you have been terminated as a result of having filed such a claim, this is potentially a case of wrongful termination that should be pursued further with the legal assistance of an experienced lawyer.

If your claim is deemed valid, you may have the right to receive back pay dating to the time of your termination in addition to compensatory damages and having your job reinstated. The sexual harassment claims process exists to allow companies to correct hostile work environment issues, not as a justification for companies to retaliate against employees who report these issues.

4. Retaliation for Filing Workers' Compensation Claim

Any employee who is injured on the job has a right to file a workers' compensation claim to help cover medical expenses and lost wages during the rehabilitation period. This is an important protective measure for employees in all industries, and especially for those who work in professions that carry an unusual amount of injury risk.

While employees are legally allowed to take the necessary time to recover from injury, there are occasions when the employer forms an unfair bias against the employee for their time away from work. Some employers will go so far as to terminate an employee for filing a claim or receiving workers' compensation benefits, and if this happens to you it is highly advisable that you speak with an employment law attorney.

5. FMLA Violations

The Family and Medical Leave Act (FMLA) allows covered employees to take unpaid leave from work for certain family or medical reasons. It also gives employees the right to return to their jobs and not be subject to retaliation provided all appropriate steps were followed in taking the leave from work.

An example of wrongful termination related to a violation of the FMLA would be a woman who took leave to give birth to a child and is terminated for having done so. It's important to remember that, as with other types of wrongful termination, a statute of limitations does apply in this situation. Be sure to speak with an employment attorney as soon as possible if you feel you are the victim of an FMLA violation.

These are some of the most common examples of wrongful termination. If you were recently terminated and feel your situation fits the profile of these examples, it is highly recommended that you speak with a legal expert as soon as possible to discuss your options.

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