Signs That You May Have Been Fired Illegally

One day you’re at work, doing your job, without issue. Then it happens. You’re called into a supervisor’s office, and you’ve been let go. But it’s not that simple—you suspect that you were let go, for an illegal reason. How can you prove that’s the case?

What’s Illegal?

Before we get to that, let’s clarify what being fired for an illegal reason actually is.

Being fired because you are a minority or a woman or pregnant or disabled or because of your age, all are illegal reasons to fire or terminate someone’s employment. Additionally, firing you because you exercised a legal right, or made a valid complaint to the company, or reported wrongful activity in the workplace, could constitute illegal retaliation.

The Role of Pretext

But of course, no employer is going to say “we fired you because you made a sexual harassment complaint.” Rather, they’re going to try to manufacture what seems like a valid reason, to “cover up” the true, illegal reason they are getting rid of you. That’s called pretext.

But proving that isn’t so easy.

Following Policy

One telltale way to show that you are being fired illegally, or that pretext is being used, is to ask whether or not the company followed its own termination policy.

In most companies, there is a process—say, for example, you would get a bad write-up, and then maybe you’d be entitled to a probationary period.

But when a company side steps and ignores its own company policies, and jumps right to firing you, it’s a good sign that something is amiss.

Inconsistent Stories

Another good sign that the company is firing you for a different reason than what they’re claiming they’re firing you for, is when you get different explanations from different people.

Your supervisor says “you’re late to work too much.” Another HR person says “you didn’t listen to instructions.” Another supervisor says “your work is substandard.” All these different explanations are a sign that they really don’t have a valid reason for letting you go. And often, the reason they give you changes or differs, as you ask further questions, or you want more information on why you were let go.

In some cases, you may not even get any evaluation at all—no performance reviews, or periodic meetings, the way you normally would.

What Can You Do?

Because inconsistency is a sign of illegal firing, you’ll want to make notes on who at the workplace told you what, or said what, in what meetings and on what dates. Basically, keep a log of exactly who said what to you, and when, to document the inconsistency.

Of course, to know whether the company is following its own termination policy, you have to know those policies. That information can often be found in employee handbooks or manuals, or in other company documents that they often make you sign when you first get hired. Often, they may be posted publicly in the workplace.

Were you wrongfully fired? We can help you find out. Contact the San Jose employment attorneys at the Costanzo Law Firm

Source:

forbes.com/sites/ericbachman/2019/07/02/when-is-an-employers-reason-for-firing-you-actually-a-pretext-for-age-discrimination/