What to do before an unjustified dismissal?

In the US, opening a case for unjustified dismissal may not be an easy procedure to carry out, since most employees are hired “at will”, that is, only through applications completed by applicants for a job.

This situation implies that, in the absence of a written legal contract signed between the employer and the worker, their employment relationship may be terminated at any time, with or without cause and without breaking the law.

However, there are times when the employee can legally proceed against his boss, specifically, when he is certain or suspects that there is an illegal reason in his dismissal or that this has been for some type of retaliation.

Unjustified dismissal cases that may be represented by a law firm

After a work accident that leaves a physical injury.

Dismissal after an injury at work and / or for needing constant medical attention: Some employers take advantage of the fear or lack of information of their workers, and after being injured while doing their job, they are fired instead of sending them to the doctor and providing them Workers Compensation benefits. This type of dismissal is completely unfair and illegal so that the worker can make his claim, to obtain the benefits to which he is entitled by law.

Example 1: If, due to an accident at work, the employee receives temporary disability, but upon returning to work formally, he is informed that he was dismissed.

Example 2: If due to an accident at work, the employee for health reasons is disabled to perform the work he did previously, and instead of relocating it to another position of the company, he is fired.

Because of a pregnancy

Another case of this type is when a pregnant woman, due to her own state of pregnancy, requires regular medical appointments for review and is therefore fired.

After an accident at work suffered by discrimination.

It is the termination of the employment relationship by distinction of race, sex, origin, disability, sexual orientation, religion or any other group or class that is perceived as a minority. This includes the types described below.

Types of dismissal for discrimination:

Dismissal for taking time out of work due to pregnancy.
Dismissal for demanding payment for overtime, or rest time or lunch / lunch when you are entitled.
Dismissal for taking time for family emergencies or absence due to illness.
Dismissal for reprisals from superiors.
Dismissal for taking time to vote or serve as a jury.

The execution of unjustified dismissals based on the situations described above imply heavy penalties to the employer or company, such as the payment for damages in favor of the worker for the loss of wages, among other benefits.