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If you believe you were fired because you spoke out against an unfair practice or sexual harassment, you could be entitled to compensation due to wrongful discharge. Under federal law, it’s illegal to fire an employee who engages in certain activities. Here, learn more about this type of workplace discrimination to determine whether you may be protected.

What Activities Are Protected?

Employers cannot retaliate against employees who take part in opposition activities. For example, someone who tells their employer about workplace discrimination, such as blatant favor given to others because of their race, age, or gender, cannot be terminated. Team members who report sexual harassment are also protected under the law.

wrongful dischargeParticipation activities also receive federal protection. These include providing witness statements in a sexual harassment or workplace discrimination case. Employees may also not be fired for participating in internal and state or federal company investigations.

How Is Employer Retaliation Proven?

Proving wrongful discharge requires showing the court a direct link between your protected actions and the firing. Collect written and verbal exchanges between you and the employer about your firing, such as letters, voicemails, conversations, and emails, as well as evidence of your participation in protected activities.

An attorney may also bring up circumstantial evidence to support your case, such as positive performance reviews but a history of reporting workplace discrimination leading up to your dismissal. If the employer offered no reason for the layoff, their motivations may come into question. Timing also matters; filing a complaint about workplace safety only to be terminated a few days later is another example of circumstantial evidence. 

 

If you believe you were a victim of wrongful discharge, discuss the situation with Henry & Williams P.C. in West Plains, MO. These attorneys help clients throughout South-Central Missouri file claims and seek damages. They have over 60 years of combined experience gathering evidence and building strong cases. Call (417) 256-8133 to request a free consultation or visit their website for more information about their practice.

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