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Wrongful Termination

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anonymousjames

Junior Member
I am in Illinois.

What does one generally use to file a wrongful termination suit in an at-will place of employment?

My boss has recently been trying to get me to quit. I believe at some point if I don't, his next step will be to try to fire me.

I've been recording in any meeting I have with him (I know inadmissible), forwarding e-mails containing accolades/etc. to my personal e-mail account, and I went to HR when he attempted to get me to sign a CA. The document now resides in Legal, but there's no trace of it in my personnel file.
 


eerelations

Senior Member
An actionable wrongful termination means you were fired specifically because of a protected characteristic such as your race, gender, religion, age (only if you're over 40, though), disability, FMLA status and/or your reporting your employer's illegal wrongdoings to relevant judicial authorities. Which category do you believe you fall into?
 

anonymousjames

Junior Member
I'm African American and just turned 40. I am in a customer support role, and the other African American gentlemen on the team has already been fired, along with 2-3 other minority employees in different departments. All replaced by white employees. I don't think my age is relatable though.
 

commentator

Senior Member
Continue to work there. DO NOT quit the job. Let them be the drivers on any termination action. Do your job to the best of your abilities. Document anything that is said to you by the supervisor or HR or any employer representative with dates and your version of what has occurred or what has been said. You don't have to record it to claim it was said or done, you just need to keep careful records of events that you believe are relevant to your job performance and/or work situation.

This does not mean you should not, at the present time, be looking for other jobs really diligently during your spare time. Your time with this employer may be short, and you will not be able to collect any redress from a wrongful termination lawsuit,( even if you have the most amazing and justifiable wrongful termination case in history) for a very long time. You'll need another income long before it is settled.

Unemployment benefits, which you'd sign up for immediately if you were terminated, whether you file an EEOC complaint or talk to an attorney or not, are the most immediate form of relief available to you when you are terminated without a valid misconduct reason. And even they will take six to eight weeks (maybe longer) to begin, after hearings and decisions related to your firing. And if approved, they only last 26 weeks, or about six months, regardless of your personal situation. Getting approved or denied for unemployment benefits will have no bearing on and will not affect your EEOC complaint or wrongful termination lawsuit if you have one.

So if I thought I was in danger of being terminated based on my race or my age or any other reason, I'd start trying to find something else to do and prepare to step over into another job quickly. If you just quit the job at this point and file a complaint with the EEOC, it will be a long time working its way through, as I said, and if you've quit the job, unemployment benefits are MUCH less likely to be approved.

That said you may want to consider speaking with the EEOC. You might want to consult with a good labor issues attorney. Particularly if there is a "pervasive pattern of discrimination" in this workplace, with them firing several of their work force members and replacing them with persons of a different race, the EEOC may find merit in your complaint and give you a "right to sue" letter. Most attorneys will be very taking a case in this situation.
 

cbg

I'm a Northern Girl
Let's just clarify.

A wrongful termination does not mean, "I was fired and I didn't do anything wrong".

A wrongful termination does not mean, " I was fired and I didn't do what my employer claims I did."

A wrongful termination does not mean, "I was fired and it's not fair."

A wrongful termination means, "I was fired for reason X and there is a specific law that says I cannot be fired for that reason".

So far, all we've heard is that the boss wants the OP to quit. That is not, in and of itself, a wrongful termination..

Until the OP comes back and tells us WHY the boss wants him or her to quit, the odds greatly favor that EVEN IF THE OP IS EVENTUALLY FIRED it will still be a legal, and not a wrongful, termination.
 

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