Wrongful termination is not uncommon in the Connecticut private sector. This is because there are several workplace discrimination employees face that results in them getting fired. Losing one’s job is quite tricky as it takes a toll on you mentally and financially.
Thus, it is not far-fetched that sacked employees want to know if their work termination was lawful or unlawful. Our Connecticut employment lawyers bring you ways to tell if you are a victim of wrongful termination in this article. If you feel you might have a case after reading, contact us immediately for how we can help.
Connecticut At-Will vs. Contracted Employees
The state of Connecticut, like other states in the U.S., practices “at-will” employment. In the United States, at-will employment allows an employer to dismiss an employee for any reason and without warning, as long as the cause is not illegal. When an employee is hired “at will,” courts deny the employee any claim for loss resulting from the dismissal.
Hence, an employee is an “at-will” worker for all intent and purposes unless they have a contract that states otherwise. If they do, the agreement will stipulate the grounds of termination. In such instances, if the employer fires the employee outside the stated grounds, the worker would file a wrongful termination lawsuit.
Thus, as a contract employee, you should carefully read the employment contract terms before signing them. Similarly, an at-will worker should read the employee handbook to know when conduct would amount to termination and wouldn’t. In either case, get a Connecticut employment lawyer involved as soon as you think you were wrongly terminated.
When Will a Termination Be Deemed Wrongful?
As already mentioned, Connecticut is an at-will employment state. It means that your employer can arrive at work and decide to terminate your employment without giving you a reason. This rule often leaves workers in a state of confusion as they do ot have any tangible or sensible reasons for being out of work.
Most of these workers often erroneously think that a lack of reason equals a ground for wrongful termination. However, just because your employer does not tell you why they fired you does not mean you can successfully sue them. Don’t let anyone tell you otherwise. Also, there are several lawful reasons employers terminate employment.
Some of them are:
- Incompetence, including lack of productivity or poor work quality
- Insubordination and related issues like dishonesty
- Breaking company rules
- Missing work without permission or frequent absences, or regular tardiness
- Theft of company property
- Other criminal behavior like revealing or selling trade secrets
While the above reasons are lawful, several unlawful reasons would amount to wrongful termination. Some of them have to do with discrimination based on minority or a protected class. Examples include:
- Age
- Race or color
- Ancestry or national origin
- Military status
- Religious affiliation or the lack thereof
- Sexual orientation
- Pregnancy
- Sex, gender identity, or gender expression
- Genetic information
- Learning disability
- Mental health status
- Intellectual impairment
- Physical disability like blindness
Other wrong grounds for termination involved infringement of the employee’s rights and protections within the workplace. They include:
- Exercising free speech, assembly, or other constitutional rights
- Refusing to commit or abet a crime at the employer’s request
- Absence under the Family and Medical Leave Act (FMLA)
- Retaliation for whistleblowing or taking legal action, e.g., workers’ comp claim against the employer
- Violation of labor law
How do You Prove You Have a Wrongful Termination Case?
If you lost your job for any of the above reasons or in contrast with the provisions of your employment contract, you could sue your employer for wrongful termination. The one thing you must prove is the reason for the employer’s decision. You must show that it was an act of bad faith and not in good faith.
The best way to do this is by using direct evidence. Examples of direct evidence include:
- Your employee file
- Your discharge paperwork
- Your contract or employee handbook
- Performance reviews
You can also use a colleague’s testimony if they witnessed the unfair treatment you went through. Lastly, you can depend on circumstantial evidence if there is no direct evidence. Until you consult an employment lawyer, you won’t know the viability of a potential wrongful termination lawsuit.
Seek Help from a Qualified CT Employment Attorney
At Injured CT, our Connecticut employment lawyers have a combined experience to help you determine if you were terminated wrongly. If you were, we will commence a lawsuit on your behalf, and get you the justice you deserve. Contact us today for a free case review with one of our attorneys.