Being fired never feels good, but when you believe your termination was unlawful or discriminatory, you should know that you have rights. If you suspect your job loss involved violations of state or federal labor laws protecting your employee rights, you may have grounds to file a wrongful termination lawsuit against your former employer.
Taking legal action with a Boston wrongful termination lawyer can help you hold those responsible accountable and recover compensation for lost wages, benefits, and other damages. A lawyer can explain how to sue for unlawful termination and handle your case.
A Labor and Employment Attorney Can Investigate to Help You Sue for Unlawful Termination
Boston labor and employment lawyers conduct thorough investigations to determine if a termination ran afoul of laws prohibiting dismissals due to various unlawful reasons. These can include the following state and federal law violations.
Discrimination Based on Protected Traits
Firings that are motivated by an employee’s race, color, national origin, ethnicity, gender, sexual orientation, age (if over 40), disability, genetic information, pregnancy status, religion, or military or veteran status may constitute unlawful terminations.
Title VII of the Civil Rights Act of 1964 prohibits dismissals that discriminate against workers for belonging to these protected classes. A Boston employment discrimination lawyer can determine if your employer violated this federal law.
Retaliatory Firings
It is unlawful for employers to terminate employees in retaliation for whistleblowing activities that report workplace violations. Similarly, firings cannot legally punish employees for filing discrimination, harassment, or worker’s compensation claims.
Requesting accommodations under the Americans with Disabilities Act or other disability laws is also a protected activity that cannot permissibly trigger a retaliatory termination.
Contract Violations
Employment contracts frequently outline progressive disciplinary procedures an employer must follow before terminating a worker. Firing someone in violation of these contractual terms may form the basis for an unlawful termination claim.
For unionized workers, collective bargaining agreements negotiated between the union and employer create similar contractual protections against terminations inconsistent with those provisions.
Refusing Unlawful Instructions
Employees generally have legal protections against being fired solely for refusing to perform activities that would be unlawful, unethical, or endanger public safety as instructed by their employer. Whistleblower laws aim to prevent retaliation in these situations.
Protected Medical and Family Leave
The federal Family Medical Leave Act (FMLA) prohibits employers from terminating employees for taking qualified medical or family leave as provided under the law. Many states provide additional medical and family leave protections with parallel restrictions against unlawful terminations.
Union Membership and Activities
Federal laws prohibit employers from firing workers in an attempt to interfere with union organizing activities or involvement in other concerted labor actions. Union members have rights against discriminatory or retaliatory terminations merely for their union affiliation.
If a comprehensive investigation reveals legal grounds that a termination crossed any of these unlawful lines under the various federal, state, or local labor laws, employment litigators can immediately pursue all available causes of action and damages the wrongfully terminated employee may be owed.
For a free legal consultation, call (860) 999-9394
The Process of Suing for Unlawful Termination
If you believe you were fired from your job for an unlawful reason, the first step is to consult with an experienced employment law attorney. A labor and employment lawyer in Boston will conduct an in-depth review of your employment records, termination documentation, and the circumstances surrounding your dismissal.
File Administrative Claims First
Before being able to file a lawsuit, you must first exhaust administrative remedy options by filing claims with the appropriate government agencies. For claims of discrimination, retaliation, or harassment, you must file a complaint with the Equal Employment Opportunity Commission (EEOC).
The agencies will conduct their own investigations and, if they cannot resolve the matter, will issue you a “Right to Sue” notice allowing you to proceed with litigation.
Demanding Reinstatement
In some cases, your lawyer may first attempt to negotiate reinstatement of your position with your former employer before resorting to a lawsuit. This avenue may be viable if your firing violated a contract or union agreement’s provisions.
Filing the Lawsuit
If administrative claims and negotiations fail to resolve the matter satisfactorily, your attorney will then draft and file a formal unlawful termination lawsuit in the appropriate state or federal court. The complaint lays out the allegations, causes of action, and demands for relief such as:
- Lost past and future wages
- Reinstatement to your former job
- Attorney’s fees
The Discovery Process
After your employer responds to the lawsuit, an extensive discovery process begins where both sides must exchange relevant employment records, policies, witness testimony, and other evidence. Your lawyer may depose supervisors and human resources staff involved in your termination.
Settlement Negotiations or Trial
Many employment lawsuits reach a settlement agreement during this discovery phase once the employer evaluates their exposure to potential damages. If a fair settlement cannot be reached, your unlawful termination case would then proceed to an official civil trial.
An experienced employment law firm can guide you through every procedural hurdle and strategic decision during this often lengthy process.
Deadlines Apply When Suing for Unlawful Termination
You have a deadline to meet when taking legal action against an employer for unlawful termination. That’s why you should engage an attorney to initiate the process immediately after your firing occurs. Certain administrative claims need filing within months, while evidence like documents and witnesses’ memories remain fresh.
The sooner you take that first step in retaining legal counsel, the faster your lawyer can address the procedural requirements along the way. Any delay could eventually prove fatal to having your day in court and recovering what you may rightfully deserve.
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Call DGP Law Firm to Learn How to Sue for Wrongful Termination
If you’re wondering how to sue for unlawful termination, take the guesswork out of it by hiring a labor and employment lawyer from Duddy, Goodwin & Pollard. Our legal team solely handles employment law, so we understand the local and federal laws involved in these cases.
We want to help you provide for your family and hold the responsible parties accountable after you suffered wrongful termination. Call us now for a free consultation.
Call or text (860) 999-9394 or complete a Free Case Evaluation form