In the United States, most job positions are considered at-will employment, which means you can be terminated from the job at any time, for any reason — as long as that reason is not illegal. If you were fired for reasons that violate federal or state anti-discrimination laws, you have been given an unlawful termination and may be able to pursue a legal case against your former employer. Below are answers to some frequently asked questions about illegal discrimination and unlawful termination.

FAQs About Illegal Discrimination & Unlawful Termination In The Workplace

What Is Considered Illegal Discrimination?

Federal laws are clear about what constitutes illegal discrimination. An employee cannot be fired because of race, gender, nationality, religion, age, or disability. Pregnant women and women with pregnancy-related illnesses are also safeguarded from unlawful termination. It's important to note that LGBT persons are not a federally protected class, though many states, like New York, have implemented state laws ensuring employers cannot fire LGBT employees because of their sexual orientations.

What Should I Do If I've Been Discriminated Against & Fired?

Before you can take legal action, you must lodge a formal complaint with the Equal Employment Opportunity Commission (EEOC). Alternately, you may choose to file your complaint with a state-run EEOC agency; you can find a local office here. No matter what route you take, keep copies of all papers you file and bring them to your attorney.

Will The EEOC Take Legal Action On My Behalf?

Sadly, it's not likely. The EEOC only pursues a small percentage of the cases filed with them. However, after 180 days, if the EEOC has not acted on your complaint, you can request a right-to-sue letter, which grants you permission to launch your own lawsuit against your former employer.

Can An Attorney Help My Discrimination Case?

Absolutely. An attorney will help you establish that you’ve been a victim of unlawful termination. Employers who discriminate are breaking the law, and they need to be held accountable. Not only are you seeking justice for yourself, but you're making sure your former employer doesn't continue their illegal practices in the future.

To arrange a consultation with an unlawful termination lawyer, contact MacVean, Lewis, Sherwin & McDermott, P.C. in Middletown, New York. You can reach them by phone at (845) 343-3000 or find them online. Don’t forget to follow them on Facebook and Google+ to stay current on relevant news and information.