If you’re a full-time employee, there’s a good chance that you’re employed “at will.” This means that you can quit your job or be terminated at any time, as long as it’s for a legal reason. However, not all employers dismiss their employees on legal grounds. If you’re subject to an unlawful termination, federal and state employment laws give you the right to pursue legal action against your employer. Here are three examples of unlawful termination

3 Types of Unlawful Termination

1. Wrongful Termination Based on a Protected Class

Federal and New York civil rights and employment laws prohibit employers from terminating you based on your inclusion in one or more protected classes. These classes include race, gender, religion, disability, and age. Proving the connection between your termination and membership in a protected class can result in job restoration and money damages including for lost wages.

2. Retaliatory Job Termination 

You have the right to take certain actions, such as notifying government agencies about unsafe work conditions, workplace discrimination, or illegal conduct by your employer (also known as whistle-blowing). If you’re fired after taking such action, it might be a retaliatory termination, which is unlawful. Evidence that proves your claim may include showing a difference in treatment before and after you made the report and a lack of reasonable cause for your firing.

3. Termination After Taking Medical Leave

If you qualify for and take leave properly under the Family and Medical Leave Act (FMLA), such as for maternity leave or to care for a seriously ill parent or spouse, your employer cannot fire you or deny you the right to come back to your job. The Americans With Disabilities Act (ADA) also protects you from termination for taking disability-related time off. Documenting your compliance with ADA requirements helps prove unlawful termination.

If you believe you’re a victim of unlawful termination, the attorneys at MacVean, Lewis, Sherwin & McDermott, P.C. in Middletown, NY, will help you take legal action. This firm has delivered high-quality legal counsel to residents of the Hudson Valley since 1885. Visit the firm’s website for more on their labor and employment law services, follow them on Facebook for more tips, or call (845) 343-3000 to schedule your free initial consultation with an experienced lawyer.