A sudden job loss is unsettling enough, but discovering the termination may have been unlawful raises immediate and pressing questions. Employees whose termination crossed a legal line may have a claim for wrongful termination. But pursuing a claim takes more than a sense of injustice; it requires a clear legal strategy, a thorough understanding of Connecticut employment law, and the right evidence to prove the case.
The Connecticut wrongful termination attorneys at Madsen, Prestley & Parenteau, LLC, can evaluate your situation, explain your options, and build a claim to prove your case for wrongful termination.
What Is Wrongful Termination?
Wrongful termination occurs when an employer fires an employee for reasons that violate employment law or public policy. Like many states, Connecticut follows the at-will employment doctrine. This means an employer can terminate employment at any time, for any lawful reason, or for no reason at all. However, an employer cannot fire an employee for an unlawful reason, such as discrimination, retaliation, or breach of contract.
Understanding At-Will Employment
While most Connecticut employees are “at will,” those with an employment contract occupy a different legal ground. A contract typically identifies the specific legal grounds when an employer can terminate an employment relationship. When dismissal falls outside of those stated in the contract, the employee may have a claim for wrongful termination.
Was the Termination Illegal?
The first step in determining whether termination was unlawful is determining the reason the employee was fired. Employers rarely admit to firing an employee for an unlawful reason. Instead, they will likely point to performance issues, restructuring, or other lawful reasons.
To prove wrongful termination, our wrongful termination attorneys will gather documents, review communications, and interview witnesses to identify discrepancies between the stated reason for the termination and what actually occurred.
Many unlawful reasons for termination of employment involve discrimination based on membership in a protected class. Examples of unlawful discrimination include termination of employment due to:
- Age
- Race or color
- Ancestry or national origin
- Military status
- Religious affiliation (or lack thereof)
- Sexual orientation
- Pregnancy
- Sex, gender identity, or gender expression
- Genetic information
- Learning disability
- Mental health status
- Intellectual impairment
- Physical disability
A claim for wrongful termination can also arise when an employer violates an employee’s workplace rights and protections, such as:
- Absence under the Family Medical Leave Act (FMLA)
- The right to free speech, assembly, or other constitutional rights
- Retaliation for whistleblowing or taking other legal action
- Violations of labor laws
In other cases, the timing of the dismissal raises suspicion. For example, if an employee who was fired shortly after reporting workplace harassment, the timing of the dismissal could support a claim that retaliation was the true reason for the employee’s termination.
How to Prove Wrongful Termination
To pursue a claim for wrongful termination, you will need to gather and present evidence that the firing was motivated by an unlawful purpose. There may be direct evidence, such as a manager’s statement that reflects retaliation or discrimination, or a message or performance review that references protected activities. Other cases are built on circumstantial evidence, like an employee who was fired shortly after complaining about working conditions or returning from medical leave, or when different managers provide inconsistent reasons for the termination.
Evaluating Employment Contracts and Company Policies
Some Connecticut employees have contracts that specify the terms and conditions for termination. When a contract states that an employee can only be fired for “just cause” or identifies specific disciplinary procedures that must be followed, our attorneys will carefully review the terms of the contract and the circumstances of the termination. If the employer failed to follow their contractual obligations, that breach of contract can support a claim for wrongful termination.
What To Do If You Think You Were Wrongfully Terminated
In Connecticut, many claims for wrongful termination based on a protected class require an administrative filing with the Equal Employment Opportunity Commission (EEOC) or the Connecticut Commission on Human Rights and Opportunities (CHRO). Our attorneys can guide you through this process by helping you gather evidence, prepare statements, and respond to employer submissions. Filing with the EEOC or CHRO preserves your right to pursue your claim in court if the administrative process does not resolve the matter. Other claims, such as breach of contract, retaliation for certain types of speech or whistleblowing activities, or violations of constitutional or other legally protected rights, can be filed directly in court without filing first with an administrative agency. Consulting with an employment attorney as soon as possible can ensure that your rights are protected and that you receive legal guidance regarding what legal options you can pursue, whether and how to pursue claims that may be available to you, the potential recoveries available to you, and the filing deadlines that must be satisfied in order to comply with statutes of limitations deadlines.
How the Wrongful Termination Attorneys at Madsen, Prestley & Parenteau Can Help
At Madsen, Prestley & Parenteau, we understand the stress and confusion that accompany job loss, especially if you believe the termination was unfair. Our wrongful termination attorneys are committed to protecting employees who have been wrongfully terminated and are here to fight for the compensation you deserve.
To learn how the wrongful termination attorneys at Madsen, Prestley & Parenteau, LLC, can assist you, contact us online or call 860-246-2466 to schedule a confidential consultation at our Hartford or New London office.