The performance of our jobs and the success of the company should determine whether or not we keep our jobs. But unfortunately, that isn’t always true. Most employees in Utah work on an at-will basis. If you are an at-will employee, the company can terminate your employment at any time and for almost any reason. But even though you may be an at-will employee, when you are terminated for reasons not related to your performance, that’s often a sign that you are the victim of wrongful termination.
Wrongful termination happens when an employer fires someone for illegal reasons. If an employer has done the following to you, you may have grounds for a wrongful termination claim.
Breach of Contract
If you have a contract to work for a company that indicates you can only be fired for just cause, you are not an at-will employee. If that’s the case, the employer has to follow the terms of the contract to end your employment. If they don’t, your termination is a breach of the contract and you have been wrongfully terminated.
If you have recently complained of discrimination, filed a claim for worker’s compensation, taken medical leave, or complained of other illegal conduct, you may be in the crosshairs of unlawful retaliation. If you have been fired in retaliation for exercising a legal right or complaining of the company’s illegal conduct, you have a claim for wrongful termination.
If you qualify for FMLA leave, an employer must allow you to exercise your right to leave and cannot retaliate against you for doing so. An employer violates the law by:
- Refusing to recognize your request for approved medical leave,
- Making applying for FMLA unnecessarily complicated,
- Denying or delaying your leave,
- Refusing to reinstate you to a similar position at the conclusion of your leave; or
- Retaliates against you for taking leave.
Federal and state Law prohibits any discrimination in the workplace on the basis of:
- National Origin
- Disability, and
- Sexual Orientation
Terminating your employment because you possess any of these protected characteristics is illegal and constitutes wrongful termination.
Filing a Wrongful Termination Claim
If you believe that you are the victim of wrongful termination, call to speak with our Utah Employment Attorneys at Pearson Butler. We have immense experience advocating for those who need assistance navigating through complex employment law issues, and we’re prepared to help those with even the toughest cases.
When you’re ready, contact our firm at (800) 265-2314 or fill out a consultation request form on our website to get in touch with one of our attorneys.