Texas, Arkansas, Louisiana, and most other states have at-will employment laws. In these jurisdictions, employers can fire employees at any time for good reason, bad reason, or no reason at all. Therefore, many fired workers, even if they were fired unfairly, do not think they have legal rights.
However, even in the most liberal at-will employment state, an employer cannot dismiss a worker for an illegal reason. This prohibition also applies to hires, promotions, transfers, and other key aspects of the employer-employee relationship.
Under any circumstances, a job loss is financially and emotionally stressful. If an employer crossed the line and fired you for an illegal reason, a North Little Rock employment lawyer can review your situation and determine your legal rights, so you can protect yourself, seek justice, and potentially obtain compensation for the aforementioned damages.
What is Wrongful Termination?
A termination is wrongful if it violates state and/or federal law, an employment contract, or public policy.
In general, state and federal laws prohibit employment discrimination. That discrimination could be direct (treating people differently simply because they are different) or indirect (a seemingly neutral policy that disproportionately affects workers in a protected class).
Employment laws are well-defined yet subject to interpretation. Public policy, on the other hand, is a rather nebulous concept defined by:
- Laws and Regulations: State and federal laws and regulations basically establish a framework for an employer-employee relationship.
- Self-Regulation: Organizations and individuals alike have a “still small voice” regarding internal standards and codes of conduct.
- Internal Practices: Policies and practices differ. Some people come to a complete stop at a stop sign, others slow down, and others ignore the sign.
- Cultural Norms: Informal practices and “how things are done” sometimes override formal policies, leading to unintentional yet deeply ingrained actions that could be positive or negative.
Sometimes, employers and employees make their own laws, in the form of a written or oral employment contract. As long as the contract terms are not patently illegal, they usually trump legal and public policy issues.
Common Types of Wrongful Termination
Understanding the different forms wrongful termination can take will help you determine whether your rights have been violated and whether you need an employment lawyer.
- Discrimination: Employers cannot fire employees based on protected characteristics such as race, gender, religion, age, disability, or national origin. This prohibition also applies to “doing the right thing” terminations (e.g., firing a pregnant worker because she might be exposed to toxic substances).
- Retaliation: Employment discrimination hinges on membership in a protected class. Retaliation is different. An employer cannot fire anyone who engages in protected activities, such as reporting workplace harassment, discrimination, safety violations, or participating in an investigation. Special legal protections usually apply to whistleblowers.
- Breach of Employment Contract: If an oral or written contract outlines specific conditions for termination, your employer must follow those terms. Oral and written agreements are enforceable if they have all six legal elements of a contract (offer, acceptance, awareness (mutual assent), consideration, capacity, and legality).
- Violation of Public Policy: We discussed this ground for wrongful termination above. Examples of public policy violations in the workaday world include taking legally protected leave, serving on a jury, or refusing to engage in illegal activities.
Discrimination can be direct or indirect. Likewise, termination could be direct or indirect. Direct termination is a pink slip. The indirect termination (constructive discharge) rule applies if the employer makes working conditions so intolerable that the employee resigns. These conditions could include demotion, unfavorable transfer, or loss of business opportunities.
Signs of Wrongful Termination
Wrongful termination is not easy to spot, underscoring the need for a North Little Rock employment lawyer to evaluate your case. Usually, if a lawyer sees red flags, a lawyer digs a little deeper. These red flags include:
- Sudden termination after filing a complaint or reporting misconduct,
- Being replaced by someone outside your protected class,
- Negative performance reviews that appear fabricated, exaggerated, or inconsistent,
- Lack of documentation or explanation for the termination, and
- Violation of company policies during the termination process.
That last bullet point may be the most common red flag. Wrongful termination is usually a reactionary and accelerated process. So, employers may not follow a standard oral reprimand, written warning, and job termination process.
What to Do If You Believe You Were Fired Unfairly
Taking the right steps after a termination can significantly impact the outcome of an administrative or legal claim.
- Review Employment Documents: Closely examine the employment contract (if any), employee handbook, and any relevant policies. These documents often outline your rights and the employer’s obligations.
- Gather Evidence: Collect any documentation that supports your claim, such as emails, performance reviews, witness statements, or records of complaints you filed. Make a timeline of events. Strong evidence is essential. An employment lawyer has the burden of proof in a wrongful termination matter.
- File a Complaint: Normally, wrongful termination victims must file complaints with a government agency before pursuing a lawsuit. For example, the Equal Employment Opportunity Commission (EEOC) usually has jurisdiction over discrimination and retaliation claims.
- Consult an Employment Attorney: If the administrative agency refuses to take the case or a contractual or public policy violation caused the wrongful termination, an attorney explains your rights, evaluates your case, guides you through the legal process, and advocates for you.
Successful administrative and legal claimants are usually entitled to back pay and job reinstatement or front pay. Compensation also includes money for emotional distress. In some cases, additional punitive damages are available.
How Employers Defend Claims
Usually, employers argue that the termination was based on legitimate business reasons, such as poor performance, misconduct, or company restructuring.
If an employer makes such an argument, an employment lawyer can counter, with evidence, that the “legitimate business reason” was simply a pretext for wrongful termination. This process underscores the need for strong evidence in any wrongful termination claim.
Most wrongful termination claims settle out of court. These settlements usually include not only the aforementioned compensation, but also a consent decree that forces an employer to change the way it does business. Therefore, wrongful termination claimants do not just protect themselves. They also protect their current and future co-workers.
Contact a Diligent Attorney
Wrongful termination is illegal in every state. For a confidential consultation with an experienced nationwide employment lawyer, contact Punchwork Law. The sooner you reach out to us, the sooner we start working for you.
