Alabama Wrongful Termination Attorneys

When hiring a new employee, most employers require them to sign paperwork stating that their employment is at-will. That means the employer has the right to terminate the employee at any time and for any reason. However, the reason must fall within the guidelines of federal employment laws. Several provisions exist to protect workers from unlawful dismissal on the grounds of age, race, gender, religious expression, sexual orientation, family status, and several others. If you have recently lost your job and you feel your employer acted illegally, you may be eligible to file a wrongful termination lawsuit.

The Whistleblower Protection Act of 1989

Federal and state law both prohibit employers from firing or demoting workers who provided information about illegal activities taking place at the company to the government. Ala. Code § 36-26A-3 protects employees who provided such information under oath or in a signed affidavit. Unfortunately, workers may encounter such a hostile work environment after reporting a violation that they feel they have no choice but to quit. Creating a hostile work environment is illegal as well and is covered under constructive wrongful termination legislation.

Other Illegal Forms of Wrongful Termination

You have an obligation as an employee to try to resolve any issues you face on the job before resigning. Your employer must also give you the opportunity to improve your performance if that becomes an issue. However, situations exist that would put your resignation into the category of quitting due to a hostile work environment or wrongful termination by your employer. These include:

• Being fired after announcing your pregnancy or while out on maternity leave
• Being fired for non-performance issues due to age, gender, or one of the other protected classes mentioned above
• You resigned from your position due to proven sexual harassment
• You faced retaliation at work due to reporting employment discrimination, sexual harassment, or an unlawful practice
• Not being given mandatory rest periods, whether you still work for the employer or not

Written and Implied Promises

Just because your employer claims you were an at-will employee and the company had the right to fire you doesn’t always make it true. For example, you may be able to argue against being an at-will employee if you received written or implied promises about the length of your employment. Perhaps you signed a written contract before you started working stating that your employment was for a set or indefinite time and the company could only fire you for gross negligence.

If you don’t remember signing a contract, check your original offer letter if you still have it. The letter could make a promise about continued employment. In fact, it could be the main reason you accepted the position.

Another possible exception to the at-will rule is an implied employment contract. This means that your employer said or did things that led you to believe you had indefinite employment. Most employers are careful not to imply such things to protect the company, but it does happen. Some of the things courts consider when deciding if you had the right to expect ongoing employment include:

• Whether your employer made real or implied promises of indefinite employment when you accepted the position
• How long you have held your position
• Your record of promotions with the company
• If you have a history of positive performance reviews
• Whether your employer gave you any warnings prior to firing you

Employers Cannot Violate Public Policy Laws When Terminating an Employee

It is a violation of public policy to fire a worker whose actions qualify him or her for protection under whistleblower laws. While this is the most common public policy law violated by employers, it’s far from the only one. You may also have a legitimate wrongful termination case in the following situations:

• Serving in the Army, Navy, Marines, Air Force, or National Guard
• Taking time off to vote
• Being summoned to jury duty
• Joining or organization an employee union

This is not an all-inclusive list. It’s always best to seek legal advice if you suspect you have a case of wrongful termination.

Employer Breach of Duty

Sometimes employers disguise their illegal actions by inventing bogus reasons for firing someone. You may be eligible to claim a breach of duty of good faith and fair dealings if you think this has happened to you. Some common examples include:

• Leading employees on about their chances for raises or promotions
• A pattern of transferring an employee to a dangerous or otherwise undesirable location in hopes that he or she will quit and the employer won’t have to remit severance pay
• Transferring employees who earn commissions to a non-commission job to avoid paying what he or she has earned or firing an employee before commissions become due
• Downplaying or omitting unsafe aspects of a job, such as required travel to high-crime areas
• Stating poor performance as the reason for dismissal when the employer only wanted to replace that person with someone who would accept a lower salary

On the Side of Alabama’s Workers

The Alabama wrongful termination attorneys at McPhillips Shinbaum, LLP have fought for the rights of Alabama’s workers for more than three decades. We believe that every person has the right to employment free from worry about mistreatment or illegal termination. As the person filing suit, the burden of proving your employer had no right to fire you rests with you. The good news is that you have a team of competent and experienced attorneys on your side.

Whether you lost your job at a small company or a multi-million dollar corporation, you can depend on us to aggressively pursue your right to financial compensation. In addition to lost pay, you could recover damages for lost benefits, emotional distress, and attorney’s fees. If the jury finds your employer acted in an especially egregious manner, you may be entitled to punitive damages as well. Please contact us to request a confidential review of your case.