It’s natural to be mad and feel wronged when you’ve been fired. But how can you tell if the firing was legal? Your manager may have shown your documentation of the process, or maybe not. They know the law, you don’t.
Once you’ve calmed down and can answer these questions with a clear head and an
open mind, ask yourself these questions to determine if your firing was fair and legal.
- Did they follow company policy? Go back through your bank box and dig out the old employee handbook. It should clearly outline the steps your employer should take before termination. Did they follow these steps, or did they circumvent a few? Although it doesn’t automatically make it an illegal firing if they didn’t follow all the procedures, it may make your case worth looking into.
- Was it fair? Fair treatment means that other employees have been treated the same for similar offenses. This is especially true if you are a member of a protected group under the Civil Rights Act. Even if you were fired for a violation of company policy, if others committed the same violations and received no discipline, you may have a case.
- Did the follow state and Federal law? You may need the help of an employment attorney with this one. Some laws are obvious, such as laws barring discrimination or retaliation. Other laws may be harder to track down. If you have any questions about the legality of your firing, consult an attorney. You can find Federal laws at the United States Department of Labor
If you have been the target of workplace harassment, discrimination or unfair termination, Bouchillon, Crossan & Colburn, L.C. represents clients in federal court and before the EEOC, MSPB and in state and union grievance hearings.
Our attorneys have more than 35 years dedicated to giving clients the attention, advice, support and empowerment they need to effectively meet their goals. We are committed to the principle that all persons shall have equal justice under the law. Call Bouchillon, Crossan & Colburn, L.C. at 304.523.8451 or contact us online to schedule an appointment.