7 Signs Your Termination May Have Been Illegal
Fired and something feels off? Here are seven warning signs that your termination may have been wrongful under federal law.
Sign 1: You Were Fired Shortly After a Complaint
One of the strongest indicators of wrongful termination is suspicious timing. If you were fired within days or weeks of filing a discrimination complaint, reporting harassment, requesting FMLA leave, or raising safety concerns, the timing alone may suggest retaliation. Courts recognize that close temporal proximity between protected activity and termination can establish the causal link needed for a retaliation claim.
Sign 2: The Reason Given Does Not Match Reality
If your employer cited poor performance but your recent reviews were positive, or claimed a position elimination while hiring a replacement, the stated reason may be pretextual. Pretextual termination reasons are a key piece of evidence in wrongful termination cases.
Sign 3: Others Were Treated Differently
If coworkers not in your protected class committed similar infractions and were not fired, this disparate treatment is strong evidence of discrimination.
Sign 4: You Were Replaced by Someone Notably Different
If your position was immediately filled by someone significantly younger, of a different race, or of a different gender, this may suggest discriminatory intent.
Sign 5: Your Employer Violated Its Own Policies
If your employer skipped progressive discipline steps or failed to follow its own investigation procedures, this inconsistency can support a wrongful termination claim.
Sign 6: You Were Asked to Sign a Quick Severance
Pressure to sign a severance agreement quickly may indicate the employer knows the termination was legally problematic and wants you to waive your rights.
Sign 7: There Were Discriminatory Comments
Comments about your age, race, gender, disability, or other protected characteristic before your termination can be powerful evidence of discriminatory intent.
What to Do Next
If any of these signs apply, consult with an employment attorney promptly. Strict filing deadlines apply to most wrongful termination claims.
Think You Have a Case?
This article is for informational purposes. For advice specific to your situation, speak with an experienced employment attorney at no cost.
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