Having a steady and stable job ensures that you and your loved ones can rely on a regular source of income to support your needs. The sudden loss of employment, be it through downsizing, firing, or suffering a catastrophic injury that renders you unable to work, can be devastating. Suddenly, your future becomes uncertain, and you are left wondering how you will be able to support yourself and your family like you once did. Without an employment contract in place, the law generally allows employers to terminate a worker’s employment for any reason and at whatever time. However, there are limitations to when and how an employer can fire or otherwise terminate an employee. For example, an employer cannot terminate an employee because of their race, nor can the employer terminate an employee because the worker took time off for the birth of a child. Similarly, employees who report unlawful business practices to the proper authorities are protected from retaliation by their employer under whistleblower protection laws. These protections apply whether an employee is fired, laid off, or in any other separated from their employment, potentially even through being forced to quit through the actions of their employer.
If your employer recently let you go and you have reason to believe that you were wrongfully terminated, it’s best to discuss your options with a highly qualified and experienced Rhode Island employment law attorney to determine the most strategic path forward. Below are some scenarios that may constitute wrongful termination and the steps you can take to recover compensation or other legal remedies to account for the hardships and suffering you’ve endured as a result of the wrongful termination.
Recognizing Unlawful Termination of Employment
There are many times when an employer is allowed to fire an employee. However, it’s important to recognize that employers are prohibited from terminating an employee for discriminatory or retaliatory reasons. When an employer terminates someone’s employment based on a protected characteristic, such as age or gender, for taking legally provided leave or for challenging illegal workplace conduct, the employer violates federal or state employment laws and has wrongfully terminated the employee. While cases of wrongful termination can be difficult to identify, as the employer will attempt to make the firing seem legitimate when the actual reason for terminating the employee is based on discriminatory or other unlawful reasons, a skilled employment lawyer and the employee’s own efforts, particularly in terms of documentation, can keep the employer from getting away with this illegal conduct. Below are just a few examples of how wrongful termination can materialize in the workplace.
Discrimination
Employees are protected from workplace discrimination by laws at both the state and federal levels. In Rhode Island, an employer is prohibited from discriminating against an employee based on “race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin.” At the federal level, similar laws make it unlawful for an employer to discriminate against an employee on the basis of many of these characteristics as well. Even if discrimination was only one of the reasons an employer fired an employee, such conduct can and generally is still illegal. If you believe that you have been fired because your employer discriminated against you, you may be able to pursue a wrongful termination lawsuit against the company. Discuss your options with a dedicated and knowledgeable Rhode Island employment law attorney today to learn more.
Whistleblowing and Retaliation
Employees who witness unlawful or unethical business practices have the right to report such activities and/or refuse to take part in them. Whistleblower protections are designed to protect employees from employer retaliation for reporting or otherwise challenging illegal or improper activities. If you think your employer fired you because you reported an unlawful business practice, you and your employment law attorney may be able to sue for wrongful termination and take a stand against the company’s unjust action. Similarly, if an employer terminates you for talking to your coworkers about pay or working conditions or otherwise engaging in conduct to advocate for better working conditions for yourself and your fellow employees, you may also be able to sue for wrongful termination.
FMLA Violations
The Family and Medical Leave Act (FMLA) gives employees the right to take unpaid, job-protected leave for up to 12 weeks for health-related reasons (giving birth, obtaining a necessary surgery, caring for a sick family member, etc.). Rhode Island law also provides for the same kind of unpaid leave as well as paid sick leave for some employees. Employers are prohibited from firing an employee for exercising their FMLA rights. If your employer has terminated your employment because you exercised your FMLA rights, either by asking for leave or actually taking leave, reach out to a skilled Rhode Island employment law attorney to determine whether you were wrongfully terminated.
I Was Wrongfully Terminated From My Job. Now What?
The sudden and unexpected loss of employment can be devastating and stressful. As you cope with the financial anxiety and intense emotions triggered by this unforeseen job loss, it’s essential to understand that you do not have to navigate this challenging time alone. Enlisting the guidance of a dedicated and highly qualified Rhode Island employment law attorney will give you the clarity and support you need to move forward into a brighter and more stable future. Your attorney can help you understand state and federal wrongful termination laws to identify the most effective course of action. If you believe you have been the victim of wrongful termination, take the following steps to regain control of your finances and future. Similarly, if you have reason to believe your employer might be considering taking the sort of illegal actions outlined above, contacting an employment lawyer early for help navigating the situation will also help ensure your rights are protected and can make sure you take the proper actions to protect yourself from illegal conduct. It’s always better to reach out to an employer lawyer for a consultation if you have concerns rather than waiting, the sooner you have the right information, the more likely you are to have a good outcome.
Document Everything
A successful wrongful termination lawsuit requires strong evidence of the employer’s wrongdoing and the harm you suffered as a result of their unlawful practices. As such, good documentary evidence can mean the difference between success and failure in your case. You should save company handbooks, employment agreements, emails and texts from your employer, and anything else you think shows evidence of illegal conduct. Even writing your own notes about events right after they happen can be immensely helpful. Your employment law attorney can help you in this process and let you know what documents, contracts, email communications, witness statements, and other forms of evidence support your claim and that you need to document.
Explore the Remedies for Wrongful Termination
As you prepare your wrongful termination lawsuit, it’s helpful to understand the types of remedies that may be available to you. Depending on the specific circumstances of your case, you may be able to receive compensation for the lost wages, future earnings, and lost benefits, such as paid time off, retirement benefits, and bonuses you suffered as a result of the wrongful termination. You may also be entitled to compensation for your emotional distress and your pain and suffering. Sometimes, reinstatement is even an option.
If you have reason to believe that you have been wrongfully terminated from your job, you may be able to recover compensatory damages and other legal remedies to account for the hardships and wrongs you’ve suffered. Reach out to Sinapi Law Associates, Ltd. today at (401) 739-9690 to discuss your options with a dedicated and trusted Rhode Island employment law attorney.
