Wrongful Termination

Wrongful termination occurs when an employee is fired from their job for illegal reasons, violating employment contracts, anti-discrimination laws, or public policy. In an “at-will” employment state, where an employer can generally terminate an employee for any reason (or no reason at all) as long as it’s not illegal, proving wrongful termination can be particularly challenging. However, numerous federal and state laws protect employees from unlawful dismissal, and the Law Office of Lawrence Keitt is dedicated to defending the rights of workers who have been unjustly fired. We provide aggressive and compassionate legal representation to victims of wrongful termination, fighting to recover lost wages, secure reinstatement, or obtain other appropriate compensation and justice.

The grounds for a wrongful termination claim are varied but fall into several key categories:

• Discrimination: It is illegal to terminate an employee based on protected characteristics such as race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information. Federal laws like Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA) prohibit such discriminatory practices.
• Retaliation: Employers cannot fire an employee in retaliation for engaging in protected activities. These activities include reporting workplace discrimination or harassment, filing a workers’ compensation claim, whistleblowing (reporting illegal activities by the employer), taking FMLA leave, requesting reasonable accommodations for a disability or religious practice, or participating in union activities.
• Breach of Contract: If you have an employment contract (written or implied) that specifies the terms of your employment and grounds for termination, your employer cannot fire you in violation of that contract. This can include individual employment agreements, collective bargaining agreements, or even employee handbooks that create an implied contract.
• Violation of Public Policy: This refers to situations where an employee is fired for refusing to commit an illegal act, performing a public duty (like jury duty), or reporting a violation of law (whistleblowing) that benefits the public. This is a common claim in “at-will” states where other protections may not explicitly apply.
• Family and Medical Leave Act (FMLA) Violations: Employers covered by FMLA cannot terminate an employee for taking protected leave for serious health conditions (their own or a family member’s), childbirth, or adoption.

Proving wrongful termination requires meticulous evidence gathering and a deep understanding of employment law. It’s rarely a straightforward case, as employers will almost always claim a legitimate, non-discriminatory reason for termination. The burden of proof often falls on the employee to demonstrate that the stated reason was merely a pretext for an unlawful termination. This can involve collecting emails, performance reviews, witness statements, internal policies, and statistical data. Our firm assists clients in gathering and preserving crucial evidence, building a compelling case to expose the true motives behind the termination.

The process for a wrongful termination claim often begins with filing a complaint with the appropriate administrative agency, such as the Equal Employment Opportunity Commission (EEOC) or a state fair employment practice agency. These agencies investigate the claim and may attempt mediation. If the agency closes the case without finding a violation or is unable to resolve it, they issue a “Right-to-Sue” letter, which allows the employee to file a lawsuit in court. Lawrence Keitt is adept at navigating both the administrative and litigation phases of these claims.

The potential remedies for wrongful termination can include:

• Lost Wages and Benefits: Compensation for income, health benefits, and other perks you would have received if not for the unlawful termination. This can include both back pay (from termination to judgment) and front pay (for future lost income).
• Reinstatement: In some cases, the court may order your employer to reinstate you to your former position.
• Emotional Distress Damages: Compensation for the psychological and emotional suffering caused by the wrongful termination.
• Punitive Damages: In egregious cases of employer misconduct, punitive damages may be awarded to punish the employer and deter similar behavior.
• Attorney’s Fees and Costs: Often, the prevailing party can recover their legal fees.

At the Law Office of Lawrence Keitt, we are committed to empowering employees who have been victims of wrongful termination. Lawrence Keitt understands the power imbalance between an employer and an individual employee and leverages his experience to level the playing field. He provides clear legal advice, meticulously investigates claims, skillfully negotiates settlements, and, when necessary, aggressively litigates in court to ensure his clients receive the justice and compensation they deserve. Your livelihood, reputation, and peace of mind are his priorities.

If you believe you have been wrongfully terminated, it is crucial to act quickly, as strict statutes of limitations apply. Do not sign any severance agreements or release forms without legal review. Contact the Law Office of Lawrence Keitt today for a free, confidential consultation. Let us evaluate your case, explain your rights, and fight to hold your former employer accountable for their unlawful actions.