Can You Sue for Wrongful Termination in an At-Will State?
Living in an at-will state means you can leave your job for any reason and your employer can let you go for almost any reason. Our trusted Kansas City wrongful termination attorneys often hear people ask, “Can you sue for wrongful termination in an at-will state?” Discover the answer in this helpful guide.
What Are Common At-Will Employment Exceptions?
Laws at both the state and federal level protect workers from unlawful firings, regardless of whether they’re in an at-will state. Before considering filing wrongful termination lawsuits, attorneys urge people to research at-will employment and the rights of an employer and their workers.
Many at-will employment exceptions exist and provide the basis for legal action. They include:
- Discrimination violations: Federal laws dictate that businesses cannot fire employees based on their race, disability, sex, or religion. Those with disabilities and anyone over the age of 40 can also claim discrimination in a lawsuit.
- Retaliation claims: Employers can’t retaliate against staff who exercise their legal rights, such as filing for workers’ compensation or reporting unsafe practices. This extends to whistleblower protections as well.
- Breach of contract: Termination can only occur under the terms of an official employment contract. Breaching these terms may give workers grounds for taking legal action.
You Have the Potential To Earn Damages for Suing Your Employer
Not only can you sue for wrongful termination in an at-will state, but a successful suit can also lead to financial compensation. Attorneys often argue for their clients to receive the following damages:
- Back pay: This award covers the plaintiff’s lost wages since the day of their firing.
- Emotional distress damages: An unlawful firing takes an emotional toll on people. These damages recognize that burden and serve as restitution.
- Punitive damages: To punish a defendant for egregious and illegal conduct, punitive damages may sometimes be paid to the plaintiff.
Lawyers may also push for an employer to reinstate the fired worker. If this isn’t possible, financial compensation may include front pay for future wages.
Launch a Timely Lawsuit in Compliance With the Statute of Limitations
If you believe you’re the victim of wrongful termination, you must act quickly. The deadline to file a charge of discrimination is between 45 and 300 days, depending on who the employer is and what law is being used. Consult an attorney with direct experience in this field to review your options.
Depending on the nature of your firing, you may have a strong case to present and should move forward with suing your former employer. Once you officially file the suit, your legal team can gather evidence in your favor and guide you through the complex litigation process.
Fight for Justice With Dugan Schlozman LLC
Not only can you sue for wrongful termination in an at-will state, but you may be able to recover damages. If you’re considering filing for wrongful termination, reach out to Dugan Schlozman LLC. Our knowledgeable attorneys have a proven track record and years of experience on their side.
Connect with us online or call 913-374-6351 to schedule a free consultation.
