Law

Discriminatory Firing: Can I Collect Unemployment?

Discriminatory Firing

Have you been fired in a way that makes you feel discriminated against? Certain reasons for firing an employee are against the law. Fortunately, there are legal remedies that are available in case of discriminatory firing. Keep reading to learn about the scenarios where dismissal is illegal.

How Do Discrimination Claims Work When Most Work Is At-Will?

At-will employment means that you can leave at any time without giving a reason. Your employer can also typically fire you without giving a reason unless the firing is illegal.

Discrimination may come into play if you can prove mistreatment or termination for illegal reasons.

You should consider hiring an experienced legal team to help you determine if your firing was illegal. Discrimination is often a difficult charge to prove. It requires more than just a feeling of being treated differently because of your race, religion, gender, or sexual orientation. You must have solid evidence that supports your claim.

What Are the Clearest Cut Examples of Being Discriminated Against?

States often have laws to protect the public interest. Regulators see discrimination as being against the public interest. The following examples are easier to prove since they are easier to define.

There are four common illegal reasons to fire an employee:

  • If the employee refuses to perform an act prohibited by state law
  • If the employee reports a legal violation
  • If the employee engages in acts that are in the public interest
  • If the employee exercises a statutory right.

For example, an employer cannot fire you for refusing to commit fraud. They also can’t fire you for reporting fraud. This is because fraud is illegal, and it’s in the public interest to report it.

Skipping work for jury duty is something a boss can’t fire an employee for since it is in the public interest. Attendance at jury duty is also mandatory. It would be against the law not to attend until dismissed from duty.

Serving in the military is another example of public interest. Taking time to vote is another public interest.

Worker’s comp is an example of a statutory right that carries protections. Employers can’t fire employees for getting hurt at work and collecting worker’s compensation.

Other Examples of Discrimination

An employer can’t fire you for several other reasons. Most of these reasons have to do with your identity. It is against the public interest, and identity is outside one’s control.

There are often strict time limits for these reasons since they are harder to prove with time. Firing you for any of the following is illegal:

  • Your race
  • Place of origin
  • Pregnancy
  • Religion
  • Age
  • Disability
  • Medical history.

If any of this sounds familiar, fill out this employment and labor questionnaire to determine if you are eligible for unemployment compensation.

It can be hard to prove discrimination in the workplace. Make sure you save any written or recorded statements. See if any of your coworkers have been discriminated against for the same reasons.

Employers Can’t Break Contracts to Fire You

Some jobs come with a contract for a certain amount of time. Breaking this contract arbitrarily may also be an example of discrimination. On other occasions, employers may imply that an employee has permanent employment. This can be hard to prove without witnesses or recorded statements.

Positive performance reviews can sometimes serve as proof of continued employment too. Some workplaces may require a written warning before termination.

Some courts found firing an employee with an excellent record to hire someone on a lower wage means acting in bad faith. Other examples are firing an employee before they can collect a bonus or commission. These scenarios are more circumstantial and more challenging to prove.

What Can One Get for Discrimination?

An employee can receive unemployment benefits until their case concludes. Other remedies are compensation for lost benefits, missed pay, and emotional distress. Attorney fees and punitive damages can be sought too.

You wouldn’t be able to collect unemployment benefits if you were terminated for your misconduct. Examples of misconduct include drug abuse, being late, lying, cheating, or stealing. Other examples are excessive absences or showing up late.

Closing Thoughts

Discrimination is not acceptable in the workplace. An employer cannot fire you for following the law or serving the public interest. They also can’t use things like your race or birthplace against you. If the firing was illegal, you could still collect unemployment benefits. But it would help if you take action against workplace discrimination since it is unlawful.

 

 

 

South Florida Caribbean News

The SFLCN.com Team provides news and information for the Caribbean-American community in South Florida and beyond.

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