If you have been fired without a good reason or in violation of federal or state law (e.g., discrimination), this could be a wrongful discharge and you can challenge your firing. However, before you take action, run your complaint by an attorney for advice because it is likely to be time consuming and costly, and the laws regulating firings vary from state-to-state. But if you succeed, employers can be made to pay back wages, fines, and possible punitive damages or you can be returned to your job.
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Examples of wrongful dismissal might include:
- dismissal without going through a contractually mandated dismissal process, which might involve an escalating series of warning letters, &c, where grounds for dismissal are not such as to meet the test for summary dismissal
- dismissal for a wrongful cause, for instance in a circumstance in which a dismissible action is falsely attributed to an employee
- racial, sexual, or age discrimination
- retaliation for filing a workers' compensation claim or for reporting illegal employer activity (a.k.a. whistleblowing)
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