Wrongful Termination in Alabama
What Is Wrongful Termination in Alabama?
While an employer does have discretion over the hiring and firing of employees, there are certain circumstances where a worker can file for wrongful termination in Alabama. Termination becomes wrongful when it violates state law, federal law, or an employment agreement. A dedicated wrongful termination lawyer understands your rights as an employee and will fight to protect them.
The Code of Alabama says that each breach of employment can invite legal action for each incident. However, proving intentional wrongful termination can be difficult. Challenges often occur because most successful cases rely on proving intention. As a result, your lawyer will need to present sufficient evidence that your employer knowingly violated the law.
Types Of Wrongful Termination
In Alabama, there are innumerable variations where wrongful termination can occur. Often, an employer may be simply unfamiliar with labor laws and may not even realize they have erred. That is why large corporations rely on human resources experts. You should always turn to an attorney if you suspect you are facing wrongful termination. In the following paragraphs are some of the red flags that you should watch out for.
Limitations of At-Will Employment
Because one of the most common forms of employment is at-will, there are limitations to this. At-will employment doesn’t allow an employer to fire a person for any discriminatory reason. Alabama state, federal, or local laws prohibit these reasons.
You should know that Alabama is a right-to-work state. World Population Review confirms that the state has joined 27 others in adopting this designation. In practice, this means that you do not have to pay dues to a labor union to remain employed or accept a new job.
An employer also can’t fire an employee as a form of retaliation for reporting any illegal activities within the company. Were you fired for any of these reasons? If so, you may be able to file a wrongful termination lawsuit against your employer.
Discrimination
Discrimination is one of the most common forms of wrongful termination. When an employee is fired because of their race, religion, sex, national origin, ethnicity, pregnancy, age, or disability, it violates established laws meant to protect specific personal characteristics. There are also some states that prohibit employers from discriminating based on the gender identity or the sexual orientation of their employees.
Suppose you feel you’ve been punished or terminated in Alabama for any discriminatory reasons listed above. In that case, you may file a claim with the United States Equal Employment Opportunity Commission. A seasoned attorney in Alabama can walk you through the process for the best possible outcome.
Retaliation
Your employer can’t fire you for certain protected activities. For example, your employer can’t fire you for taking medical leave, or for participating in an investigation of job violations and wage violations. Additionally, filing a complaint with the EEOC, or informing your employer about discrimination or harassment, are not fireable offenses.
The Alabama Legislature passed legislation that protects you from retaliation for reporting illegal behavior. Any employer that retaliates against an employee for notifying government officials can be met with consequences. Additionally, it opens an organization or business up to civil liabilities.
Some states also prevent employee termination for taking time off to vote, perform jury duties, or serve in the military. You also have some protection if your employer has fired you for reporting a violation of safety laws or environmental regulations.
What To Do If You’ve Been Wrongfully Terminated in Alabama
Do you believe you are experiencing wrongful termination in Alabama? You may be entitled to compensatory damages, reinstatement, back pay, and other forms of relief. However, the exact definition of wrongful termination will depend on where you live. To find out, contact a dedicated and qualified wrongful termination lawyer. Discuss your circumstances and the Alabama laws that your employer has to follow in your area.
Remember that there are usually time constraints on how long you can wait to file your claim, so don’t delay. This could cause evidence to slip through your fingers or you may miss the deadline altogether. You want a favorable outcome and so will your lawyer, so try to approach your case as proactively as possible, even before you are certain you have one.
Alabama workers may have up to 300 days to file a complaint about wrongful termination. However, the U.S. Equal Opportunity Commission says that 180 days is the general expectation.
Step One: Gather Evidence
It’s important to start gathering all the evidence you can, no matter how small. Ideally, you had reason to suspect that your employer might terminate you wrongfully and started the process sometime before. If you need to return to the office to clear out your desk or still have access to the work email, use the opportunity wisely. However, be mindful of any employment agreements or confidentiality issues.
Step Two: Find an Attorney
Hiring an experienced Alabama wrongful termination lawyer will help you take the first steps so that you make a strong case to get the outcome you seek. Alabama employment laws are intricate and are constantly changing. Therefore, you should always work with an attorney who focuses on this specific area.
Step Three: File a Complaint
If you have not yet had your case reviewed by an attorney, the EEOC built a self-evaluation tool to help you decide if filing a claim with them is an appropriate way to handle your case. An attorney makes this part of the process much easier, by helping to guide you to write the complaint. You serve your employer notice. Then the resolution process starts there. Note that not all cases make it to a courtroom as some employers prefer to settle.
If you have a case that requires speaking to someone in person, you may contact the Birmingham District Office. They strongly urge Alabama residents to use their public portal to schedule an appointment with a federal official. Alternatively, you can try calling them at 1-800-669-4000.
Why You Should Hire A Wrongful Termination Lawyer
Filing a wrongful termination lawsuit in can feel overwhelming, especially when you’ve been treated unfairly by your employer. Consulting with an experienced attorney can clarify your legal rights and help determine whether your case qualifies as wrongful termination. For many, simply having someone listen and offer guidance can provide much-needed relief.
We know how challenging it can be to find the right attorney. That’s why we created a service designed to connect individuals with experienced lawyers. All you need to do is share your location, case type, and a few additional details. From there, we’ll quickly match you with attorneys who can help.
Our company charges no fees to connect you with the legal services you need. Some Alabama attorneys or practice areas may require legal fees upfront, but there are many that do not. Some professionals may not charge a single penny at all until they win your case.
Are you ready to find a qualified Alabama attorney who can help you fight for your job or get justice for the wrongful termination you suffered? We can even help you connect with an attorney across Alabama state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
Answers to legal questions can often lead to more questions. If you’re seeking more about an area of law in Alabama, we’ve got you covered:
