Top 10 Signs You’re Being Wrongfully Terminated
Losing your job is never easy, but it can be especially distressing if you suspect that your termination was illegal. Wrongful termination occurs when your employment is terminated for reasons that violate your legal rights. Recognizing the signs of wrongful termination can help you determine if you have a case. Here are the top 10 signs to watch out for:
- Discrimination: If you were terminated because of your race, gender, age, disability, or other protected characteristic, this could be a red flag for discrimination.
- Retaliation: Were you fired after reporting workplace harassment, discrimination, or illegal activity? This could be a case of retaliation, which is illegal.
- Breach of Contract: If you had an employment agreement that guaranteed certain conditions (e.g. a bonus or commission structure, guaranteed severance), and your employer broke those terms by firing you, you may have grounds for a wrongful termination or breach of contract claim.
- Violation of Company Policy: If you were fired for a reason that contradicts your company’s own policies, it may be evidence of wrongful termination.
- Timing of Termination: Being fired shortly after taking medical leave, pregnancy leave, or after requesting reasonable accommodations can suggest illegal motives.
- Lack of Documentation: If your employer can’t provide any legitimate reasons or documentation for your termination, it could be a sign of wrongful termination. To be clear, an employer is not required to document or sufficiently justify a termination, but an inability to do so might be a sign of discrimination.
- Unfair Treatment: If you were treated differently than your peers or fired without following proper procedures, and you believe it was because of a protected class (e.g. your race, age, gender, disability, etc.) this may indicate wrongful termination.
- Sudden Negative Performance Reviews or PIP: If you consistently received positive feedback and suddenly receive poor reviews or are placed on a performance improvement plan (PIP), this could be a tactic to justify an unjust termination.
- Whistleblowing: If you were terminated after reporting illegal activities or violations, you might be protected under applicable whistleblower laws.
- Replaced by Someone Less Qualified or Outside of Your Protected Class: If you were replaced by someone with significantly less experience or qualifications, or someone outside of your protected class (e.g. much younger, different race, not disabled, etc.) this might indicate discrimination or other illegal motives.
If any of these signs resonate with your experience, it’s crucial to consult with an employment lawyer. They can help you assess whether you have a viable case for wrongful termination and guide you through the process of seeking justice.
Feel free to call us in New York City (646.524.6001) or Cleveland, Ohio (216.600.7994) or contact us any time. We will help you determine whether you are a victim of wrongful termination and advise you on what you can do about it.