Wrongful Termination Checklist

December 18, 2019

Wrongful Termination Checklist – Were You Fired Illegally? 

Have you been fired recently? Did you know some terminations are considered unlawful? Do you suspect that you may have been fired illegally? Please read the FGBO Law’s wrongful termination checklist below.

Discrimination

  • Do you have evidence that you were fired based on discrimination? For example, a written note, email, or spoken word from a supervisor that you were let go because of your agesexraceethnicitysexual orientationdisability, or pregnancy?
  • Circumstantial evidence – to prove you were fired unlawfully using circumstantial evidence, you must answer yes to these four questions:
  1. Are you a member of a protected class(some protected classes are listed above)?
  2. Were you appropriately qualified for your job?
  3. Were you the victim of an adverse employment action? For example, were you fired, demoted, or severely harassed at work?
  4. Were you replaced by someone outside of your protected class, i.e., a woman replaced by a man?
  • Did your supervisor or employer make repeated negative or rude comments to you?
  • Were you demoted or fired after they found out you were pregnant, or you’re your return from maternity leave?
  • Did your employer give special treatment to certain groups? For instance, women aren’t allowed to do some specific jobs, or Hispanics weren’t allowed to interact with customers, etc.
  • Does your employer have a history of discrimination claims?
  • Were you fired after complaining about discrimination?

Disability

  • Were you fired shortly after your employer found out about your disability?
  • Did your manager or supervisor make disparaging comments about your disability (physical or mental) and then later fire or demote you?
  • Were you fired after requesting a reasonable accommodation? Definition: Reasonable accommodation – employers must accommodate a disabled employee by providing assistance or providing accommodations in the workplace, allowing the employee to continue to do the job despite their disability.
  • Were you fired for taking time off to deal with your disability?

Whistleblowing

  • Were you fired for reporting a violation in the workplace, also known as whistleblowing?

Retaliation

  • Were you fired or demoted for complaining to your company’s HR department about discrimination or filing a complaint with the EEOC?
  • Is your boss or employer making your work environment intolerable and unbearable?
  • Were you warned there would be consequences if filed a complaint?

Other Scenarios

  • Have you been put on an employee improvement plan for no apparent reason, meaning your performance has been consistent since the day you were hired?
  • Did you mention that men were paid more than women for the same work and then were fired?
  • Did you raise an issue about unfair pay or unpaid overtime and then were fired?
  • Were you fired after you discussed either, in person, or by email or via social media) pay gaps and other detrimental workplace conditions?
  • Were you fired after pointing out to upper management the company was improperly manipulating its stock price?

If, after reading through this comprehensive wrongful termination checklist, and you believe you were wrongfully terminated, then you should contact an employment lawyer. Statutes of limitations are short for many cases, so it’s imperative to contact an experienced employment lawyer immediately to discuss your situation and find out the next steps.

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