Wrongful Termination

Knowing your employee protections can help in proving wrongful termination. Employees are protected from being fired for the following reasons:

• Wage and hour law violations. Rules regarding minimum wage, overtime, hours worked, recordkeeping, and child labor are all laid out in the Fair Labor Standards Act (FLSA). So for example, if your employer changed your weekly hours to avoid paying overtime and then fired you when you complained about it, you were wrongfully fired.
• Employment discrimination. An employer cannot fire you based on your race, gender, age, ethnicity, religion, or disability. As part of this, employers must provide reasonable accommodations for disabilities or religious requests.
• Sexual harassment. There are a variety of ways in which sexual harassment can take place and it is a very serious offense. If you were sexually harassed by your employer or another worker, you have the right to report it.
• Safety violations. A workplace must comply with OSHA standards to ensure the safety of all employees. If you were injured on the job due to workplace negligence, you may be able to sue your employer.
• Reporting unlawful behavior. Employees have the right to report a company if they have reasonable cause to believe they are engaged in illegal conduct. The company cannot fire an employee if their report comes to light.
• Participating in an investigation. An employee cannot be fired due to supporting a complaint or providing evidence in a federal or legal investigation against the company. For example, if you witnessed sexual harassment and you are testifying on behalf of the victim, the company cannot penalize you for your cooperation in the investigation.
• Lodging a formal complaint. Whether reporting internally to the company or to a federal or state enforcement agency, an employee cannot be fired for reporting on an issue, including any of the issues listed above.