Laura Morsch, CareerBuilder.com writer
Your stomach knots and anger flares as you read that little pink slip of paper that just yanked away your professional security. How can you be fired?
You race through a mental checklist, grasping for what might have done you in -- but you were a loyal employee, you didn't even steal a pen, you were always on time, and you never cut corners with your work. Something just doesn't feel right about your termination.
Experts say even if your firing seems unfair, it may still be perfectly legal. "People generally think that they have a right to be treated fairly, and people usually believe they can't be fired as long as they didn't do something wrong," says attorney and career coach M. Diane Vogt.
But since most states don't look at employment that way, determining whether your termination was actually illegal could be a tricky and lengthy process.
Laura Morsch, CareerBuilder.com writer
Your stomach knots and anger flares as you read that little pink slip of paper that just yanked away your professional security. How can you be fired?
You race through a mental checklist, grasping for what might have done you in -- but you were a loyal employee, you didn't even steal a pen, you were always on time, and you never cut corners with your work. Something just doesn't feel right about your termination.
Experts say even if your firing seems unfair, it may still be perfectly legal. "People generally think that they have a right to be treated fairly, and people usually believe they can't be fired as long as they didn't do something wrong," says attorney and career coach M. Diane Vogt.
But since most states don't look at employment that way, determining whether your termination was actually illegal could be a tricky and lengthy process.
Employment legislation 101
Most states consider employment to be "at-will," meaning that employment is considered voluntary and indefinite for both employees and employers. For you, at-will employment means you can quit your job for whatever reason you want, usually without consequence. And for your employer, at-will employment means "[u]nless you have a contract, you can be fired for any reason or no reason," Miami-based attorney Dale Bergman says.
There are, however, some exceptions to at-will statutes. Federal law prohibits firing an employee solely on the basis of race, color, religion, sex, national origin, disability or age, according to the U.S. Equal Employment Opportunity Commission (EEOC) Web site. An employer also cannot fire a worker as retaliation for filing a discrimination charge, participating in an investigation or opposing discriminatory practices.
A lawyer might not be your best bet
If you have a strong reason to believe you were fired illegally, don't run to hire an attorney just yet. There may be better and less expensive options, Bergman says. Findlaw.com suggests that as soon as you're fired, you should start doing some research:
- > Stall for time. Stay calm and request some time to think things over.
- > Review your employment contract or letter of agreement. Review what it says about termination. If the employer didn't act according to the contract, your rights may have been violated.
- > Discover why you were fired. If the employer refuses to tell you or tells prospective employers other reasons later, you could have a stronger legal case.
- > Appeal to your employer. Many employers -- particularly large ones -- have an internal process to which you can appeal your termination.
- > Visit your regional EEOC. Employees can visit their local EEOC office without involving a lawyer, Bergman says. "They will investigate, and they will even try to settle [the case] if they feel there is substantial cause."
- > Hire an employment lawyer. If your employer doesn't settle and you still feel you have a strong case, enlist the help of an attorney.
Once you learn the facts behind your termination, Bergman says you should exercise the rights you have under your employer and state and federal law before taking legal action:
Suing your employer has consequences
Besides being expensive and hard to win, wrongful termination lawsuits can be emotionally taxing, Vogt warns. "You have to decide if you can emotionally handle listening to someone talk about your shortcomings in a public forum," she says. "Sometimes that's hard to take."
Vogt also says any wrongful termination lawsuit you file will be on the public record and could be brought to the attention of your future employers -- potentially raising some eyebrows and having them wonder if you're a troublemaker.
"If you think your legal rights have been violated and you talk to a lawyer, one of the things you should consider is whether it's worth it," she says. Before suing, Vogt suggests you consider the stage of your career, how easy it will be to find another job, and how much money the firing will cost you.
Regardless of whether you decide to sue, being fired really may be in your best interest. "Usually when people lose a job, they find a better one," Vogt says. "What I find is that they'll hang on too long in a job where they're not really successful when they should have moved on a long time ago. So when the employer lets them go they're really doing them a favor."
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Copyright 2005 CareerBuilder.com.
Sep 6th 2009 @ 2:43PM L. Perkins
I was fired in 1984 by ADS Distributing (The ADs Bag People), a division of the Columbus Dispatch for being pregnant! If I knew then what I know now!!!!
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Sep 6th 2009 @ 11:13PM E. Lem
I too, was 'let go' once for being pregnant. My direct supervisor was the only one who knew at the time that I was expecting, and his excuse was that the company was 'downsizing', and that 'there is some work coming up that you wouldn't be able to handle', because it was physical work. Funny, how I was always able to handle it BEFORE being pregnant. What made matters worse, was that he lied to my face...told me he was laying someone else off the next day, but a month or so later when I called her, she was still employed, had heard that I was pregnant, and when I confirmed this, she abruptly told me she couldn't talk, and hung up on me. For fear of never being hired again, I didn't take it to an attorney....but maybe I should have. It is amazing what employers get away with these days.
Oct 29th 2009 @ 1:43PM Tawnya
I was fired from Wal-Mart because my MEDICAL leave of absence kept me out of work longer than their allotted 12 wks. I have degenerative disc disease and went in on June 1st to get my neck re-fused. I had complications from the surgery and was fired because my doctor couldn't give me a 100% release. I was given a partial release that had some lifting restrictions but that wasn't good enough. Wal-Mart wants you 100% or they won't put you back on the floor. To date 10/29/09 I'm still on light duty (not that anyone cares, I no longer have a job) and I'm receiving physical therapy to regain use of my right arm. I've been out of work for 21 wks now with no prospect of another job and insurance that will run out in 18 months because that's all Wal-Mart allows.
Sep 6th 2009 @ 3:04PM carole choate
The supervisor wanted me out because of my age, and because of what my salary was after 34 years of working there,she also told everyone I was to old to be there, what she really couldn't handle was that everyone liked me for helping them deal with her. She also told everyone in the office how easy it was to get rid of anyone that she did not like,and now the whole office really needs help. They don't know who to turn to for help.
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Sep 6th 2009 @ 5:04PM Eve Vaccaro
The same thing happened to me. I was with my company for 20 years, and they bought this new ceo into the company to basically run it and cut whoever she wanted to. She first fired my assistant, then me. She found out that I was seeking employment elsewhere, I was told she was going to get rid of my department, so what was I suppose to do? be ass out? anyway I was working 3 days after she fired me, at the same exact job, but for a different company who got me my own office, paid me 10,000 more and I took about 2 million of the former jobs clients, which they said I stole, these clients only know me, not the producer, so I was accused of stealing documents which I know all the information by heart for dealing with them for 20 years plus I did not have a non compete. It just does not pay to be loyal to a company anymore. I am sorry that happened to you, but you will see, you will get something better if you didnt already.
Sep 6th 2009 @ 3:11PM Debi
I was discharged for having Breast Cancer. Right after my diagnosis, when I told my employer, he stated "do what you have to do and your job will be here waiting for you". Plus his mother died of breast cancer when he was a kid and he went through it with his sister a few years earlier, so he says he understood. I had my mastectomy surgery (had some complications) and when I was ready to come back to work, he told me this wasn't going to work for him and gave me 3 weeks severance ! Just like that - no other discussion. (and it was not like he was even paying me when I was off work for treatments, etc)
Now with a long road of treatment ahead, no one will hire me now. I am without work and any income ! And I am scared to death of losing everything I have.
Nothing like an employer kicking someone when they are down.
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Sep 6th 2009 @ 5:03PM Eve Vaccaro
That is totally disgusting. I was fired after 20 years of service, and I have a friend I worked with who had breast cancer also. She was there for 19 years. Like she asked for breast cancer? I heard thru the grapevine that she was costing the co. too much $$ in medical, so they wanted her out. She is the most amazing person you will ever know. So what did they do? Gave her a bad review and was setting her up to be fired. She found a new job with way more money and quit on them. I was fired for seeking employment with our competitors because I heard our dept was going to get axed. So what was I suppose to do? Have no job. Anyway we both are much better now. I hope you are okay, its just horrific what these employers think they can get away with. They should serve jail time for what they did to you, or pay you for the rest of your life.
Sep 6th 2009 @ 6:32PM Tammy
Yeah, I feel for you. I had Shingles and my employer kicked me to the curb. It's a long story, but the good news is, there is justice in the end.
Sep 6th 2009 @ 7:21PM malaluken
What goes around comes around. That little ex-boss of yours will get theirs, you can be certain.
Sep 6th 2009 @ 9:01PM angela
please contact you local chapter of EEOC . If they feel they cannot take on your case then go to the office of human rights. Have all documentation with you if any of this was in writing. I am sorry to hear , but please dont give up and dont let that employer get away with that because you were wrongly fired.sooner you file the better.If neither organizition can help you maybe you could approach whoever american cancer socitey and let them know what happened maybe they could send a letter to the employer and that you are willing to go public .or go to the local media . You can always look for a lawyer that works on a contigency basis(meaning if you dont get paid from the suit ,neither does he)
Oct 29th 2009 @ 9:19AM Liz
Debi, I can relate to your situation entirely. Only I worked all through (surgery only week off unpaid and treatment not a day) because my boss "needed" me. I was also helping my mom through lung cancer at the time w/ 2 kids and a husband. I was there every day at work even when I felt horrible until I came down with pneumonia during my last week of treatment. Mom passed away. My boss told me to take some time off (no pay and most places understand when your mom dies ya need a few days) and come back in a few weeks. I called her after a few weeks and she said she hired a replacement. On top of it all, I found out she set me up to boot me out. Best thing that ever happened to me, though. I went to nursing school and graduated with honors. Now I make more than she does.
Sep 6th 2009 @ 3:14PM Linda
I had to quit my job because my boss started giving my leads to her younger favorite employee. (leads are money) She made no bones about not liking older people working for her. She also got rid of another older employee...didnt fire her, just didnt put her on the schedule. Since I left she has hired very young and untrained girls to take my place. The beotch even tried to block me from getting unemployment...but she didnt succeed when I informed them that she was cutting my hours and stealing from me. I have often wondered if I would have a good case against her for discrimination.
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Sep 13th 2009 @ 6:35PM JB
I was not fired but I had to quit due to the harassment at my job. I was working for a doctor and his wife (the office manager). The abuse was horrendous. He was a tiny little man who thought he was god's gift to the world. He would curse at us on a daily basis (f--k you, b--ch), degrade us and once the threw stuff at us. When you walked into the office you never knew what would set him off. Finally had enough when after I was out with a sprained knee his wife said that I should change my vacation because it was the week I was supposed to return to the office.
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Sep 6th 2009 @ 3:38PM Kathy
I wasnt fired, but my salary was changed from $35,000 to $22,00 after 9 months of service. Never had any complaints and no write-ups. I was getting ready to have my vacation time on the books when they chaged my salary to hourly , so I wasnt eligible any longer. I also had 4 store managers within 5 months of my employment. I worked 26 days with no days off. I was also told it was better than NO job that they could hire comeone in there for $8.00???I have had 25 years of experience!So anyway I quit. My responsiblities where going to be the same NOT!!!!
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Sep 8th 2009 @ 12:49PM Earl p Beard Jr
Going the Distance for U-Haul Chicago-Neither snow nor rain nor heat nor gloom of the nightstays EarlBeard Jr.from the swift compleletion of my appointed rounds.no He,s not a postman. He,s cutomer sevices rep[CSR],A dedicated 18- year system member,and allway,s on deck to serve cutomer at the Lincoln Park U-Haul Center (758-059)Despite sometimes atrocious driving condtions and a minnimum 2,3 hrs behind the wheel each day Beard regulararly drive 100 mile round trip from his home in Gary ,Indiana No place he'd rather work pretty much any thing needing for done or completed around the area,s of work I love doing the extra mile on any level on the site despite driving under bad condtion allwaway,s focus Task at hand level pressure allway ,s able move the diresion right on any level I affirmed If I had if 5 Earl,s I may be out of a Job DICATED SEVICES TEAM MEMBER
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Sep 7th 2009 @ 7:25AM steve
I was fired by SRT prosthetics and orthotics LLC I was thier director of orthotics. I was given no reason for my discharge whatsoever. The owner Sam Santa Rita did make several sexually explicit comments about my daughter which I asked not to do so or I would talk to his wife. I was then shortly fired. The business is in Fort Wayne In.
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Sep 6th 2009 @ 9:46PM Dawn
You should have sued!
Sep 6th 2009 @ 4:20PM Sandy
I got fired because i discovered my bosses wife was shortchanging my check and i asked them to review it! They were appalled that i would want the full paycheck i was promised when hired. His wife was sooooo angry!!!! She said "how dare she!"
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Sep 6th 2009 @ 7:22PM malaluken
Your State's Labor Board will be interested in this, because it is a violation of law!
Sep 6th 2009 @ 4:21PM Lee
For those of you who believe you were discriminated against, file a charge with EEOC, but do it before the for filing date expires. I think you have 180 days after termination or quitting. If you were called "old" or discriminated against for another reason,and then terminated or was forced to quit,file a charge with the EEOC. Particularly, if you were older and replaced by a younger person. Also, if your wages are reduced, you may want to take that issue up with your state's Labor Board, or attorney general. Never give up the fight. I was terminated for my age, and now have an open EEOC case, and not sure how it will resolve, but it never hurts to stop fighting. With this terrible economy, older people are being fired at higher rates than normal, resulting in financial hardships. You should also write to your Congressional reps to let them know that laws need to be changed to protect the employee. Even with the existence of the EEOC, they are inundated with cases and can't address them all--actually typically address the most obvious discrimination cases with multiple victims. The employer knows they can get away with discrimination, because of EEOC's limited resources, and that most victims can't afford the high attorney's fees. It's a bad system that needs to be overhauled, and only our voices and complaints will make it happen. Don't sit back, fight for what you believe in!
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