Most people are employed ‘at will’ meaning that at some point you filled out an application that stated that for any circumstance your employment could be terminated. This is a board statement and most people realize is there are at least a few stipulations to that blanket assertion. However, what many people probably don’t realize is that anti-discrimination and wrongful discharge statutes work on a state as well as a federal level and these statutes may vary from state to state. Given their complexity and subtleties, it may be wise to hire a lawyer in the event that you feel you’ve been terminated with unjust cause.
Federally speaking, all employees are protected under the Civil Rights Act of 1964 that shields you discrimination based on race, sex, pregnancy, age, disability, color, or nation of origin. These statutes protect all workers. In the state of Georgia, however, in addition to complying with federal regulations, it is illegal for a company to fire you because of military obligations or jury duty. Similarly, discrimination based on sexual orientation varies from state to state and company to company. Depending on where you are, those discriminations may not be protected against, you could be fired, and have no legal recourse.
Unfortunately, wrongful discharge happens and it helps to know your rights prior to the event. If the company has an employee handbook, read it, keep it, and be familiar with it. It may be wise to hire an attorney if you feel that you’ve been wrongfully terminated. For instance, if you have signed a contract and the employer has reneged and fired you, grounds for a lawsuit are sufficient. Or, if you’ve been fired for refusing to commit an illegal act like dumping toxic chemicals in the local river, then you may also be entitled to recompense. But you must act quickly. The statute of limitations for filing a wrongful discharge lawsuit is 180 days. After that, the employer is no longer liable and pursuing a lawsuit will be extremely unlikely.
Wrongful discharge laws are in place to protect you, the worker, from being fired unjustly. Lawsuits are a costly enterprise for an employer and it’s in their best interest to avoid them all together. That’s why it’s important to understand your rights. However, if you have been wrongfully discharged, you deserve any number of remunerations including back pay, lawyer’s fees, reinstatement, promotion, and so forth. Wrongful discharge law can be murky and difficult to navigate and if you feel that you’ve been treated unfairly or forced out of work, hiring an attorney may be your best bet to receiving just compensation.