Can you file a lawsuit against your employer for firing you? Being fired can be an unpleasant and even traumatizing experience. You might be losing a job that you thought you would have forever, one that provided you with enough money to support yourself and your family.

Now, you have to search for a new one. In the meantime, you keep asking yourself how you’re going to pay for food and bills. 

There are also cases when people think of suing their former employer, especially when they felt they were wrongfully terminated.

Most of the time, people are fired because of legitimate reasons. Other times, employers fire their workers wrongfully. If you’re in the latter situation, you probably wonder if suing your employer can lead to successful results. 

When can you sue an employer after being fired? Here’s all you need to know. 

When Can an Employer Fire You?

People get fired for all sorts of reasons. Sometimes, this happens because the employee’s performance is bad, or because they did something terrible. Other times, it can simply be a form of discrimination or retaliation.

Most employees in the United States are at-will employees, which means your boss doesn’t need any reason to let you go. Also, he’s not obliged to give you any notice beforehand. Here are some legal reasons for firing a worker:

• Theft, stealing, or another crime
• Violating the employee policy
• Breaching the contract
• Being violent against colleagues or sexually harassing or abusing co-workers
• Being unprofessional (damaging property, not coming to work, coming to work late all the time, etc.)
• Having bad reviews for performance or having a poor performance at work

Of course, these are just a few examples. Anything that isn’t illegal can be a reason to fire you – even having tattoos or dyeing your hair an unnatural colour.

When Can an Employer Not Fire You?

The United States has strict discrimination laws that do not allow employers to fire their workers based on religion, sexual orientation, race, disability, age, sex, and other factors. 

Therefore, employers are not allowed to terminate someone’s contract for any of these reasons. If your boss discriminates against you and fires you as a result, the law is on your side. 

Can You Sue an Employer for Firing You?

You can sue your employer for firing you, but only in certain cases. 

If you got fired from a workplace for valid reasons, such as for committing crimes, being a bad employee, breaching the contract, and so on, you cannot sue your boss. Since you might be an at-will employee, the employer is legally allowed to fire you for anything aside from discriminatory reasons. 

Things like coloured hair, tattoos, and anything of the sort are not protected by any employment law. So, there is nothing you can do if your employer lets you go.

Even if you do not get a formal hearing or period of notice, you will not have a case against your employer. Not being allowed to defend yourself will not give you any chance against the former boss. 

But if the employer discriminated or retaliated against you, then you have a case. It’s important to know how to go about this and how to prove that your former employee discriminated against you if you want to win the lawsuit. 

How to Sue Your Employer for Wrongful Termination?

Do you feel you were fired because you were discriminated against? Here is what you have to do next. 

You might know that you were wrongfully terminated, but the judge will not, especially without solid proof. This is why you must make sure you have enough evidence against your former employer to win the case. 

Proof can include performance reviews, witness statements, emails, recorded meetings, and other things. The more information you can track, the better it’ll be for you during the case. You should not wait too long to collect evidence. Otherwise, it might get tampered with. 

In the state of Florida, you must prove that you were the victim of harassment based on a protected aspect, as well as the fact that you are part of a protected group. Also, you should seek the help of an employment law attorney. 

If you had a work computer and you still have access to it, you can send some copies of the documents and emails to yourself. If not, your lawyer will have the power to make the company release the files later.

Talk to Co-Workers

There might be co-workers who witnessed your workplace harassment. If you want them to help you win the case, you should ask them whether they are willing to make statements. 

File the Lawsuit

Once you hire a lawyer and know you collected as much evidence as possible, you can file a charge with the Equal Employment Opportunity Commission. The EEOC will take care of any case in which people were fired for discriminatory reasons. 

But you can also file your charge under the Equal Pay Act, in which case you do not need the EEOC to give you any notice for the right to sue.

Things to Consider Before Suing

Before suing your employer, you must ask yourself a few questions. 

For instance, what is the goal of this case? Are you looking for a behaviour change or money? Do you want the employer to pay for what they did? Make sure to determine your goals before starting a lawsuit. 

Also, ask yourself whether you want to commit yourself to all the money and time that will go into this case – especially if you are unable to find a new job too soon. 

Finally, the most important thing to consider is whether the termination was indeed based on discrimination or not. 

You can sue an employer for firing you, but only in special situations. A lawsuit is worth pursuing if you were discriminated against. But you will not be successful if you were fired for legitimate reasons. Take your time to understand why you were fired before filing a charge.