Actions against a Wrongful Firing

          You have been dismissed without a good reason or in violation of federal or state law, like discrimination. Then you may be in what we called a wrongful discharge case and you can challenge your firing. However, before you take action, you should first run your complaint by an attorney for advice because it is likely to be time consuming and costly, and the laws regulating firings vary from state-to-state. But in the case that you succeed, employers can be made to pay back wages, fines, and possible punitive damages or you can be returned to your job.

          However your chances of successfully winning a wrongful discharge claim are thin if you are an "at-will" employee. Why? It is just because your employer has the right to fire you for any or no reason at any time so as long as all protections afforded by state and federal law have been followed. Where no wrong has been committed, "at-will" employees have no remedy for employment termination.

          But if you are a "for-cause" employee and you have been fired without a legitimate reason, you can challenge your firing on several fronts. First if you are a union employee covered under collective bargaining agreements, you can file a grievance for review of the facts and circumstances if you believe the termination was wrong. Second case, if you are a government employee you may have a property interest in your job, which cannot be taken away without sufficient cause as determined by a court of law. Third if you are a non-government employee, you can file a lawsuit to have your employment termination found to be wrongful. If sufficient cause is established, the inquiry into the employment termination will be simply closed and the termination completed. However, wrongful termination can result in an employer being held responsible for back wages with interest, reinstatement of employment, and often for punitive damages assessed.