When you accept a job with a company, you assume that your employer will treat you fairly. While you may be a good employee, there could come a time when your employer fires you. If that happens, you might feel that the termination was not done properly in accordance with the law.
What is Wrongful Termination?
Wrongful termination is a term that applies to someone who was illegally fired from a job. An employer cannot take negative actions against an employee, such as demote or fire someone, for discriminatory reasons. However, in Wisconsin, employees are employed at will. Therefore, in order to take action, you must show that the employer terminated you due to discrimination. If you can prove that you were wrongfully terminated, you might be owed compensation or the employer might have to reinstate your job.
What is Employment at Will?
In Wisconsin, employers and employees generally work together through employment at will. This means that your employer has the right to end your employment at any time and for any reason. If you have an employment contract in place, the employer must follow the terms of the agreement and employment at-will no longer applies. Even when you are employed at-will, the employer cannot fire you or take other actions against you because of discrimination.
What is Discrimination?
Discrimination occurs when an employer takes action against an employee because of his or her race, religion, gender, sexual orientation, disability, or more. The law protects individuals from discrimination in the workplace. The Equal Employment Opportunity Commission (EEOC) is the governmental agency in charge of workplace discrimination. You can file a claim with the EEOC generally within 180 days of the incident. You must file a claim with the EEOC before you can take legal action against the employer, in most cases.
What Should I Do if I Was Wrongfully Terminated?
If you feel that you were wrongfully terminated, you should take some steps to secure data and information that will prove your case. Print any emails or other communication that you have from your boss or employer regarding your work status or performance. Save any evaluations you have received and keep your employment records, such as days worked and days you took off. This information can be valuable when you need to prove that you were a good employee.
How can an Attorney Help with Wrongful Termination?
Workplace discrimination and wrongful termination can be extremely complicated. They require you to gather specific details and information to prove your case. An experienced workplace attorney will review the specifics of your situation and guide you through your options. If you were fired illegally, you may have a case against your employer. It is best to discuss the matter as soon as possible with your lawyer because you will need to obtain information that can sometimes get discarded or lost as time goes by.