In the workplace, employees have a legal right to pursue legal action when they believe their rights have been violated.
However, given the unpredictable nature of corporations, its quite natural to wonder, can I be fired if I file a lawsuit against my employer? Can they retaliate by firing you?
The short answer is no, federal and state employment laws provide protections against such retaliatory behavior.
In this article, we will explore your rights, including wrongful termination, protections under federal laws, and practical steps to take if you are wrongfully retaliated against for filing a lawsuit.
Understanding Retaliation in the Workplace
Retaliation refers to any adverse action taken by an employer against an employee for engaging in a protected activity, such as filing a lawsuit, reporting discrimination, or participating in an investigation. Retaliatory actions can include being fired, demoted, denied promotions, or facing harassment or unfavorable work conditions. The law provides strong protections against retaliation to ensure that employees can exercise their rights without fear of retribution.
Protections Against Retaliation
Several key federal laws and state laws protect employees from retaliation, including being let go after filing a lawsuit or a formal complaint against their employer. These laws ensure that workers can assert their rights without the fear of losing their job. Below are the major legal protections:
- Title VII of the Civil Rights Act of 1964
- Explanation: Title VII prohibits discrimination based on race, color, religion, sex, and national origin. Under this law, employees are also protected from retaliation if they file a lawsuit or charge of discrimination with the Equal Employment Opportunity Commission (EEOC). Employers cannot fire, demote, or harass an employee for reporting discrimination or participating in an investigation.
- The Americans with Disabilities Act (ADA)
- Explanation: The ADA protects employees with disabilities and prohibits retaliation against those who assert their rights under the ADA. If an employee files a claim for disability discrimination or challenges discriminatory practices related to their disability, they are protected from retaliation.
- The Age Discrimination in Employment Act (ADEA)
- Explanation: The ADEA protects employees over the age of 40 from discrimination based on age. Under this law, it is illegal for an employer to retaliate against an employee who files an age discrimination lawsuit or participates in any related investigation or legal proceeding.
- Family and Medical Leave Act (FMLA)
- Explanation: The FMLA allows eligible employees to take unpaid leave for family and medical reasons. Retaliating against an employee for taking FMLA leave, including firing them for asserting their rights to take leave, is prohibited under federal law.
- Whistleblower Protection Laws
- Explanation: Whistleblower protection laws at both the federal and state levels protect employees who report illegal or unethical practices, such as fraud, safety violations, or environmental concerns. Employees who file whistleblower complaints are shielded from retaliation, including being let go, for raising these concerns.
- State-Specific Retaliation Laws
- Explanation: In addition to federal laws, many states have their own laws protecting employees from retaliation. For example, California law prohibits retaliation in cases involving workplace complaints such as wage and hour violations, sexual harassment, and discrimination. Employees in these states are further protected under state-level anti-retaliation statutes.
These laws collectively safeguard workers from being punished for asserting their rights, including through lawsuits or formal complaints, and ensure that employees cannot be fired or otherwise mistreated simply for taking legal action.
What to Do If You Are Terminated After Filing a Lawsuit
If you believe you have been wrongfully terminated or retaliated against after filing a lawsuit against your employer, there are several steps you should take:
- Document Everything
- Explanation: Keep a detailed record of all communications, actions, and events that led to your termination. This includes emails, witness statements, performance reviews, and any documentation that can prove your termination was retaliatory in nature.
- Explanation: Keep a detailed record of all communications, actions, and events that led to your termination. This includes emails, witness statements, performance reviews, and any documentation that can prove your termination was retaliatory in nature.
- Review Your Employment Contract and Company Policies
- Explanation: Review any employment contract or company policies to understand your rights and whether they have been violated. If you are an at-will employee, your employer generally has the right to terminate you without cause, but retaliation for asserting legal rights is still illegal.
- Explanation: Review any employment contract or company policies to understand your rights and whether they have been violated. If you are an at-will employee, your employer generally has the right to terminate you without cause, but retaliation for asserting legal rights is still illegal.
- File a Complaint with Government Agencies
- Explanation: Federal and state government agencies, such as the Equal Employment Opportunity Commission (EEOC), are responsible for investigating claims of retaliation and wrongful termination. You can file a complaint with these agencies, which may investigate your case and potentially file a lawsuit on your behalf.
- Explanation: Federal and state government agencies, such as the Equal Employment Opportunity Commission (EEOC), are responsible for investigating claims of retaliation and wrongful termination. You can file a complaint with these agencies, which may investigate your case and potentially file a lawsuit on your behalf.
- Consult with a Lawyer
- Explanation: It’s crucial to consult with an employment law attorney for professional legal advice. An experienced lawyer can help you understand your rights, evaluate the merits of your case, and determine the best course of action, including whether you have a strong wrongful termination case.
- Explanation: It’s crucial to consult with an employment law attorney for professional legal advice. An experienced lawyer can help you understand your rights, evaluate the merits of your case, and determine the best course of action, including whether you have a strong wrongful termination case.
- Consider Legal Action
- Explanation: If you have a valid case, your lawyer may recommend pursuing legal action against your employer. This could include filing a lawsuit for wrongful termination, seeking punitive damages, or asking for reinstatement in your position.
- Explanation: If you have a valid case, your lawyer may recommend pursuing legal action against your employer. This could include filing a lawsuit for wrongful termination, seeking punitive damages, or asking for reinstatement in your position.
Can I Be Fired for Filing a Lawsuit?
Under most circumstances, no. At-will employment laws allow employers to terminate employees for any reason, as long as it is not for an illegal reason, such as retaliation for filing a lawsuit. Filing a lawsuit is a protected activity under employment laws, and firing an employee for exercising this right can lead to serious legal consequences for the employer.
However, in at-will employment situations, it’s important to note that employers are not prohibited from firing employees for other non-retaliatory reasons, such as poor performance or violation of company policies. Therefore, proving that the termination was specifically retaliatory can be key in a wrongful termination case.
Real-Life Case Examples of Retaliation and Wrongful Termination
Understanding how retaliation plays out in real-world scenarios can help employees protect themselves if they find themselves facing similar circumstances. Below are a few notable examples where employees were wrongfully fired after filing lawsuits or reporting misconduct in the workplace:
1. Burlington Northern & Santa Fe Railway Co. v. White (2006)
In this landmark case, the United States Supreme Court ruled in favor of an employee, Sheila White, who was retaliated against after filing a claim of sexual harassment under the Civil Rights Act of 1964. White worked for the Burlington Northern & Santa Fe Railway Co., where she reported a supervisor’s inappropriate behavior. After the report, she was reassigned to a less desirable job, which resulted in a pay cut and job demotion.
The Court ruled that this action constituted retaliation, even though the employer argued that the reassignment was not as severe as termination. The ruling emphasized that retaliation can involve actions that are not as severe as firing, such as changes to job duties or a reduction in pay, and that such actions are prohibited under federal law.
2. Thompson v. North American Stainless (2011)
In the Thompson v. North American Stainless case, the U.S. Supreme Court ruled that retaliation could extend to individuals who were not directly involved in the initial discrimination complaint but were close associates of the complainant. In this case, Eric Thompson was terminated after his fiancée, Miriam Regalado, filed a sex discrimination charge against their employer. The Court ruled that Thompson had standing to sue for retaliation, reinforcing the idea that retaliation laws protect not only direct complainants but also those who are closely associated with them.
This case is significant because it broadened the interpretation of Title VII and established that an employee could be protected from retaliation, even if they did not personally file a complaint but were associated with someone who did.
3. McDonnell Douglas Corp. v. Green (1973)
In McDonnell Douglas Corp. v. Green, the U.S. Supreme Court laid out a framework for proving discriminatory retaliation. The case involved a man, Green, who was fired after participating in protests against his employer’s hiring practices, which he believed were racially discriminatory. The Court ruled that retaliation for participating in such protests violated the Civil Rights Act.
This case is important because it set the precedent for how employees could demonstrate that an employer’s actions were retaliatory, particularly in wrongful termination cases related to discrimination claims. Green’s case also highlighted how employees can gather evidence to show that their firing was indeed linked to their engagement in a protected activity.
4. Crawford v. Metropolitan Government of Nashville and Davidson County, Tennessee (2009)
This case involved Crawford, who worked as an employee in the Metro Nashville Human Resources Department. After cooperating with an internal investigation into sexual harassment claims against her supervisor, Crawford claimed she was retaliated against and ultimately fired. The U.S. Supreme Court ruled that employees are protected from retaliation under Title VII, even if they only report harassment during an investigation and do not file an official charge.
The case established that participation in investigations or complaints of harassment and discrimination should be treated as protected actions under retaliation laws. As a result, Crawford’s termination was deemed wrongful.
Conclusion
If you file a lawsuit against your employer, firing you in retaliation is illegal under various federal and state laws.
However, proving retaliation can be complex and requires gathering evidence, understanding the nuances of employment law, and consulting with a legal professional.
If you believe you’ve been wrongfully terminated, it’s essential to act quickly, gather evidence, and seek professional legal advice to protect your rights and pursue potential legal action. Contact Bourassa Law Group today for a free consultation—our team is here to help you protect your interests.
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