Wrongful Termination in Washington, D.C.
What Is Wrongful Termination in Washington, DC?
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. Termination becomes wrongful when it violates Washington, D.C. law, federal law, or an employment agreement. Being fired from a job is never easy. A dedicated wrongful termination lawyer understands your rights as an employee and will fight to protect them.
The Employment Law Handbook states that due to Title 7 of the Civil Rights Act of 1964, no employer in Washington D.C. can fire an employee on the basis of age, sex, race, or national origin. Any such action is illegal, and punishable by law.
Types Of Wrongful Termination in Washington, DC
In Washington, D.C., there are many different instances where wrongful termination can take place. In some cases, an employer is ignorant of labor laws and may not even realize they have erred. This is why big corporations rely on human resources experts. You should always turn to an attorney if you suspect you have been wrongfully terminated. 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. Washington, D.C. state, federal, or local laws prohibit these reasons.
The Washington D.C. Department of Employment Services recognizes that employees in Washington D.C. are “at-will” employees. So long as an employer does not violate discrimination statutes, existing contracts, or collective bargaining agreements, the employer can fire an employee at any time, for any reason.
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.
If you believe that you have been penalized or fired in Washington, D.C. for one of these discriminatory reasons listed above, you may be able to file a claim with the United States Equal Employment Opportunity Commission. An experienced Washington, D.C. attorney can walk you through the process to help ensure 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 District of Columbia Whistleblower Protection Act ensures that firing an employee for exercising their rights is illegal. These laws shield employees from retaliation by their employers if they report illegal activities or workplace violations to their superior, or to the appropriate governmental representative.
There are some states that 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 Washington, D.C.
Have you been wrongfully terminated? 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 Washington, D.C. laws that your employer has to follow in your area.
Note, however, that there are usually statutes of limitations on the length of time by which you must file your claim, so act reasonably soon. This might allow evidence to get lost or you might wait too long and miss a filing deadline. You want a win and so will your attorney so, get in the best position you can be in about your case even before you know that you’ve even got one.
Employees in Virginia have 180 days to file a claim. If this time lapses, you risk going beyond the statute of limitations.
Step One: Gather Evidence
You should begin collecting all the evidence, however small. Hopefully, you had an inkling that something was not right, that your employer might be about to fire you wrongfully, and you’ve actually been in this process for a while now. If you must go to the office and clean out your desk, or if you still have access to your work email, use the opportunity wisely. However, be circumspect regarding employment agreements and issues of confidentiality.
Step Two: Find an Attorney
Hiring an experienced Washington, D.C. wrongful termination lawyer will help you take the first steps so that you make a strong case to get the outcome you seek. Washington, D.C. 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 simplifies this part of the process by helping 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.
The DC Office of Human Rights urges you to file a claim if you feel you have been the victim of discrimination. You can file your claim in person, or by mail. You do not have to have the complainant notarized, but you will still have to sign a copy of the charges under penalty of perjury.
Why You Should Hire a Wrongful Termination Lawyer in Washington, DC
Filing a wrongful termination lawsuit in Washington, DC can be an overwhelming step, especially if you’ve suffered in silence after being treated unfairly by your employer. Talking to an experienced attorney will help you find out more about what exactly your rights are as a victim and whether your case is applicable for wrongful termination. For some, the opportunity to finally be heard also helps ease the burden they’ve been carrying.
The process of looking for an attorney may not be easy. That is why we came up with our service in order to connect clients in need with experienced attorneys in Washington, DC. To match with the right lawyer, you simply provide your location, category, and some other additional information. We then send you your options as soon as they are available.
Our company charges no fees to connect you with the legal services you need. Some Washington, D.C. 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 Washington, D.C. 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 Washington, D.C. 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!