Watson Law
Watson Law

Wrongful Discrimination

Wrongful termination is used as short-hand for illegal termination. They are not the same thing.  You and I may consider a firing without cause, or for one that is demonstrably wrong to be “wrongful”, but in many (if not most) situations the firing will be legal. On the other hand, if the reason for the firing is illegal, it certainly is “wrongful”.

 

There is no wrongful termination law per se. There are, however, several state and federal laws that protect employees. These laws provide remedies that may include money damages, the right to return to work and, if you haven't been officially fired yet, leverage in negotiation for an appropriate severance package that includes adequate compensation.

 

Some of the illegal  reasons for termination include:

  • Because of sex, race, age, national origin, religion, disability, sexual orientation or other recognized discriminatory reasons;
  •  As a form of sexual harassment;
  • In retaliation for the employee's having filed a complaint or claim against the employer;
  • Serving in the military;
  • For taking advantage of the worker’s compensation laws; and
  • For taking time off due to a serious health condition of the employee or family member.

 

A fired employee may also have an action for:

  • Firing in violation of a contract or collective bargaining agreement;
  • Defamation of character;
  • Overtime or unpaid wages; and
  • Refusal of the employer to pay final compensation.

 

Sometimes an employee does not need to have been fired. A constructive discharge is excusably
leaving your employment, for one of the reasons above, or some other legally valid reason, when the situation at work has become intolerable for a reasonable person.

 

Just because you do not see what happened to you in the discussion above does not mean that absolutely do not have a case. There are many things not mentioned above. If you have been fired, or have left with a good cause, you should contact Watson Law to see if there is something that can be done about your situation. There may be no solution for you, but not checking with a lawyer will guarantee no solution.

Call Us:

217-544-6165

Chuck Watson

Watson Law

206 S. Sixth St.

P.O.Box 5477

Springfield, IL 62705

 

Hours:

M-F: 9 to 4.

Appointment required.

 

FAX

217-717-9934

 

Use our contact form.

 

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