Connecticut is an “at-will” state, which means an employer can fire an employee with or without cause, as long as the reason is not discriminatory or retaliatory. Of course, few employers announce that they are firing an employee for illegal reasons. Instead, they may attempt to mask an improper motive with a “pretext.”

What Is “Pretext” in Wrongful Termination?

In the context of employment law, “pretext” refers to a situation in which an employer fires an employee for an illegal reason, but attempts to cover it up with a legitimate, lawful one. While various cases provide a legal definition for “pretext,” it essentially means that an employer identifies a reason for the termination decision other than its true, discriminatory or retaliatory, motivation intentions. Sometimes, the pre-textual reason provided is demonstrably false – such as a claim that an employee was absent on days when the employee was actually working, or a claim that an employee’s sales performance failed to meet a quarterly goal when the employee can prove otherwise. However, other times, the employer identifies a reason for termination of employment that is technically true, but other illegal reasons actually motivated the employer’s termination decision. In both cases, the employee will need to prove that the employer was motivated by an unlawful discriminatory or retaliatory motive, and that the reason offered by the employer is just a “pretext” to conceal the employer’s actual motivation.

What Are Unlawful Grounds for Termination?

To understand pretext in employment law, it is essential to know what grounds for termination of employment are illegal. Under federal and Connecticut law, it is illegal to discriminate against an employee based on their membership in a protected class. Protected classes include the following characteristics:

• Race
• Color
• Ancestry or national origin
• Citizenship status
• Religion
• Age (for workers over 40)
• Disability
• Pregnancy
• Gender
• Gender identification
• Genetic information
• Veteran status

It is also unlawful to discriminate or retaliate against someone based on public policy grounds or because the employee engaged in actions that are protected under state or federal law, such as whistleblowing, filing a workers’ compensation claim, or refusing to comply with an employer’s request to engage in illegal actions. Employers may use pretext in an attempt to cover up firing an employee for an illegal reason and to circumvent these legal protections.

Proving Pretext in Employment Law

Proving pretext requires showing that the employer was actually motivated by an unlawful discriminatory or retaliatory reason, and that employer’s proffered reason for terminating an employee’s employment was provided to mask the employer’s discriminatory intent.

Pretext can be proven through direct or circumstantial evidence. Common ways of proving pretext in wrongful termination cases include:

• Suspicious timing - an employee was fired shortly after whistleblowing or engaging in a protected activity
• Comparative evidence - employees who are not in a protected class but engaged in the same behavior were not fired
• Performance reviews - a history of positive performance reviews can be used to show an employer’s claim of poor performance is pretext for termination
• Witness testimony - statements from witnesses who observed an employer’s discriminatory conduct can help prove a claim of wrongful termination
• Changing explanations - an employer’s explanations for termination have changed over time
• Statistical evidence - employees in a protected class were terminated at a higher rate than other employees

What To Do If You Believe 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 retaliation for whistleblowing activities, filing a workers’ compensation claim, or violations of constitutional or other legally protected rights, can be filed directly in court without filing first with an administrative agency. Consulting with a wrongful termination 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, 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.