Wrongful Termination: How to Recognize and Fight Unlawful Dismissal

Losing your job is never easy. But when you suspect that your termination wasn't just unfair, but unlawful, the emotional toll can be even heavier. Many people don't realize that wrongful termination is more common than they think, and even fewer understand what their rights truly are under employment law.

Employers have the right to run their businesses and make decisions, including firing employees. But that right has legal limits. If your dismissal violated state or federal laws or went against public policy, you might have a case for wrongful termination. Lampert Law Office, LLC in Springfield, Missouri, is dedicated to defending working people.

What Is Wrongful Termination?

Wrongful termination happens when an employer fires an employee for illegal reasons. Missouri is an "at-will" employment state, meaning employers can generally terminate employees at any time and for almost any reason. However, there are still critical exceptions.

Even in at-will states like Missouri, terminations can't violate employment law protections. That means a firing can't be based on discrimination, retaliation, or breach of contract, among other things.

Common Illegal Reasons for Termination

Although employers usually offer vague reasons for letting someone go, some dismissals clearly break the law. Here are a few examples of when a firing may be unlawful:

• Discrimination: If you were fired because of your race, gender, religion, age, disability, or another protected characteristic, it could be a violation of both federal and Missouri employment laws.

• Retaliation: Employers can't legally fire someone for reporting harassment, discrimination, safety violations, or other illegal activity.

• Taking protected leave: Employees who use legally protected leave, like the Family and Medical Leave Act (FMLA), can’t be fired just for exercising that right.

• Whistleblowing: If you reported illegal practices or misconduct within the company and were fired as a result, that could be wrongful termination.

• Breach of contract: If your employment was governed by a contract that limited the reasons for termination, firing you outside of those conditions may violate that agreement.

Certain signs can help you determine whether or not you should consider legal action for your termination.

Recognizing Red Flags

Wrongful termination cases often start with suspicion. Maybe the timing of your firing felt off, or maybe you were treated differently from coworkers. These red flags can point to something more serious.

Look out for:

• Sudden discipline or performance issues: If you had no prior warnings and suddenly received negative feedback before being fired, this could be a cover-up for an unlawful reason.

• Different treatment: Were others in similar roles treated differently? Unequal enforcement of company policies can signal discrimination.

• Retaliatory behavior: If your termination followed a complaint or report you made, it’s worth digging deeper.

• Conflicting reasons: If the company gives shifting or vague explanations for why you were fired, they may be hiding the real motive.

• Lack of documentation: Terminations based on performance typically involve records. If there’s no paper trail, that’s suspicious.

Now that you’re aware of the red flags to look for regarding wrongful termination, you must understand your rights.

Your Rights Under Employment Law

Once you've spotted potential red flags, the next step is to understand your rights. Missouri employment law protects workers from illegal terminations, even in an at-will employment structure. Federal laws like Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the FMLA offer further protections.

These laws make it illegal for employers to fire someone based on protected characteristics or for exercising protected rights. They also provide legal remedies, including back pay, reinstatement, and damages.

If you believe your termination violated one of these laws, it’s important to act promptly. Many claims have strict deadlines, so the sooner you take action, the better your chances of building a strong case.

Gathering Evidence and Building Your Case

Suspecting wrongful termination is one thing. Proving it is another. That’s why it’s critical to gather evidence and document everything you can.

Some steps to take include:

• Collect written records: Save emails, performance reviews, text messages, and other documents that relate to your termination.

• Write down your experiences: Keep a journal detailing events leading up to your firing, including conversations and incidents that seemed suspicious.

• Talk to coworkers: They may have witnessed unfair treatment or overheard management discussing your situation.

• Request your personnel file: Missouri law allows employees to request their personnel records. This could help you understand the employer’s side of the story.

• Identify comparators: If others in similar roles weren’t disciplined or fired for the same behavior, that supports a claim of unequal treatment.

Preparing to take action is crucial when it comes to wrongful termination. Contact Raymond B. Lampert at Lampert Law Office, LLC for help on building your case.

Moving From Suspicion to Action

Once you’ve collected evidence, it’s time to consider your legal options. This can feel overwhelming, but you don’t have to go it alone. 

The right attorney can help you understand your rights, evaluate the strength of your case, and decide how to proceed. They can also handle communications with your former employer or their legal group, which can be intimidating to face alone.

Here are some legal steps to consider:

• Filing a charge with the EEOC: If your case involves discrimination or retaliation, you may need to file with the Equal Employment Opportunity Commission before you can sue.

• Pursuing a claim under the Missouri Human Rights Act: State law offers its own protections and may offer broader remedies in some cases.

• Negotiating a settlement: Sometimes, employers are willing to settle out of court. This can be faster and less stressful than a lawsuit.

• Filing a lawsuit: If negotiations fail or the case is serious, taking it to court might be the better option.

Taking that first step toward legal action can be intimidating, but with solid evidence and the right support, you can start holding your employer accountable and work toward a fair outcome.

When You Might Not Have a Case

Not every firing is illegal. In Missouri, at-will employment gives companies a lot of leeway. It’s important to understand the difference between unfair and unlawful treatment.

You might not have a wrongful termination case if:

• You Were Let Go for Poor Performance With Documentation to Back It Up

• The Company Was Downsizing or Restructuring, and Your Position Was Eliminated

• There’s No Evidence Linking Your Termination to Discrimination, Retaliation, or Protected Activity

That said, if something doesn’t sit right with you, it’s worth talking to someone who knows employment law.

How an Employment Law Attorney Can Help

Fighting back against wrongful termination isn’t easy, but you don’t have to do it alone. A Missouri employment law attorney can provide the guidance, support, and advocacy you need.

Ways an attorney can help:

• Case evaluation: They’ll look at your situation and help you figure out if you have a claim worth pursuing.

• Evidence review: They’ll go through your documents and help gather more if needed.

• Legal strategy: They’ll recommend the greatest course of action, whether that’s negotiation or litigation.

• Representation: Whether it’s talking to your former employer, dealing with government agencies, or going to court, they’ll represent your interests.

Don’t stress yourself out over the intricacies of your case. Reach out to an attorney who’ll guide you through the process and help you achieve the greatest possible outcome

Reach Out Today

If you believe you were unlawfully dismissed, understanding your rights under employment law is the first step toward justice. With the right legal help, you can fight back and work toward a resolution that brings closure and accountability.

Lampert Law Office, LLC serves throughout southwest Missouri, including Springfield, Greene County, Christian County, Joplin, Branson, Carthage, Neosho, Monett, Ozark, Republic, Lamar, and Ridgedale. Contact the firm today.