There are both Federal and State laws that protect employees from wrongful termination and firing. If you feel that you have been wrongfully terminated, you do have options available to you. You can receive compensation from your employer in the form of lost wages, emotional distress, and other financial compensation. However, it is important to understand the differences between termination for cause and wrongful termination.
Termination for cause allows an employer to terminate your employment for a valid reason. These reasons include failure to appear at work, failure to perform duties at work, and even illegal activities that you engage in on the job. Your employer may also be able to terminate your employment for illegal activities that you partake in when you are off the clock and off the premises. This largely depends upon the nature of your job and the nature of the offense, as well as the laws in your area. If you are in doubt as to whether your termination is unlawful, you should seek advice from an attorney before taking any action.
If you are terminated for any discriminatory reason, such as your gender, age, race, nationality, sexual orientation, disability, or any other reason that is protected by law, this constitutes unlawful termination. Likewise, if you are a member of the military Reserves or National Guard and are terminated when you need to take leave from your civilian job to perform military duties, this constitutes unlawful termination. There are laws in place to protect employees who have been unlawfully terminated.
In most cases, you are eligible to file a claim on the date of termination, if it is deemed that your termination was not lawful. It is important to contact a competent legal professional to help you determine what your rights are and advise you on the best way to proceed with your case.
If you are in the Miami-Dade County area and feel that you have been terminated from your employment for unlawful reasons, the legal team at Saenz & Anderson can help. Give us a call today to schedule a consultation so we can assess your case and help you determine how to proceed to rectify the situation.