Wrongful Termination

Whether you wear a blue or a white collar, there are many different laws that provide protections for employees.

Wrongful Termination

Whether you wear a blue or a white collar, there are many different laws that provide protections for employees. Discrimination in the workplace on the basis of race, color, sex, religion, national origin, disability, and age are all prohibited under federal law, as is retaliation for complaining about such discrimination. Indiana law prohibits retaliation for suffering from a workplace injury or filing a Worker’s Compensation claim. The United States Constitution protects government employee’s right to exercise free speech and affiliation with a political party, and guarantees certain employees “due process” of law. If an employer terminates an employee in contravention of the law, that employee has the right to pursue a claim for wrongful termination.

How do you know if you have been wrongfully terminated?

To help determine whether you have been wrongfully terminated, ask yourself the following questions:
1. Has your employer suddenly started subjecting you to discipline?

2. Were you fired for something that others have done without being terminated?

3. Did your employer fail to follow its own progressive discipline policy toward you?

4. Did your employer fire you after you complained about unfair treatment towards you or someone else?

How we can help you.

Both state and federal law provide multiple protections for employees in the workplace. However, whether or not an employer is subject to those laws and whether a particular employee can take advantage of those laws is determined on a case by case basis. Employers have a team of people, including lawyers and human resources employees, to help guide them through legal issues. You may find that you need your own team to help navigate this complex process. The attorneys at CLC can help you understand and enforce your rights.

If you feel you have been wrongfully terminated or fear you may be wrongfully terminated soon, you should do the following:

1. Document Everything.

Take notes during any meetings, and keep a journal of any communications or events that relate to the unfair treatment. Write down the names of people who violated your rights and those who may have witnessed events related to the violations of those rights. Be cautious, however, about making audio recordings, video recordings, or taking photographs in the workplace, without checking your employer’s policies.

2. If you feel you are suffering from discrimination and may be terminated soon, complain to your employer according to its policies and procedures.

Be sure that you tell your employer not only that you are being discriminated against, but that you feel it is illegally motivated. Although not required, it is best to communicate any complaints in writing.

3. Save all relevant documents.

Save all relevant documents, emails, recordings, records of communication, phone logs, text messages, etc. related to your employment and the violations of your rights.

4. Don’t quit in anticipation of being fired.

Your job is important to you, and you should not be forced out because your employer is not following the law. Call CLC, and we will help enforce your rights.

Let’s talk about how we can help: