Atlanta Wrongful Termination Lawyer
IMPORTANT!!! THERE ARE TIME-SENSITIVE DEADLINES THAT MUST BE MET IF YOU BELIEVE YOU ARE THE VICTIM OF WRONGFUL TERMINATION OR RETALIATION: CONTACT US TODAY. CLICK HERE FOR DEADLINE INFORMATION.
What is Wrongful Termination?
Employees often are wrongfully terminated in violation of their rights for engaging in protected activities. It is illegal for your employer to terminate you for protected activities such as: Complaining or reporting unlawful discrimination or harassment,
- Complaining about wage theft, including violations of the Fair Labor Standards Act,
- Exercising your rights under the Family Medical Leave Act,
- Resisting sexual advances,
- Requesting compliance with the Americans with Disabilities Act,
- Filing a claim with the Equal Employment Opportunity Commission, or
- Being involved in an investigation conducted by a government agency.
Victims of wrongful termination are entitled to back pay (pay that you lost because of the wrongful termination), front pay (pay that you will lose in the future due to the wrongful termination), pain and emotional suffering, and legal and other expenses.
Employers also are prohibited from retaliating by taking adverse actions against you for the same protected activities. Retaliation can take place in the form of adverse action taken by the employer, such as:
- Worker suspension,
- Reduction in hours/shifts,
- Demotion, or
It is important to know that retaliation can also include subtle forms of mistreatment by the employer, which can include being left out of important workplace activities or negative performance reviews. The State of Georgia protects workers from retaliation when they engage in protected activities through statutes such as 42 U.S.C §1981 and Title VII. . More information on illegal retaliation can be found at: https://www.eeoc.gov/retaliation
Victims of illegal retaliation are entitled to damages including lost wages as a result of the termination, pain and emotional suffering, and legal and other expenses.
For some types of discrimination, harassment, and statute violations, the law provides strict time limits within which you must file a charge with the Equal Employment Opportunity Commission (“EEOC”). We can assist you with the filing of a charge so that you meet all deadlines.
Claims for Discrimination under Title VII: to enforce a claim for employment discrimination based on race, color, religion, sex (including pregnancy discrimination), or national origin, you must file a charge with the EEOC within 180 calendar days from the day the discrimination took place. The 180-day deadline is extended to 300 days if a state or local agency enforces a law that prohibits employment discrimination on the same basis.
Age Discrimination (ADEA): to enforce a claim for age discrimination, you must file a charge with the EEOC within 180 calendar days from the day the discrimination took place. The 180-day deadline is extended to 300 days if a state agency enforces a law that prohibits employment discrimination on the same basis.
Section 1981 (42 USC § 1981): there is no requirement to file a charge with the EEOC before filing a claim for race discrimination under Section 1981. You have four years from the date of the discriminatory action to file a claim. Jones v. R.R. Donnelley & Sons Co., 541 U.S. 369 (2004).
FMLA (Family and Medical Leave Act): you have two years to file suit for a violation of the FMLA, which is extended to three years if the violation was willful.
ADA (Americans with Disabilities Act): a claim for employment discrimination under Title 1 of the ADA must be submitted to the EEOC within 180 days of the act of discrimination.
FLSA (Fair Labor Standards Act): you have two years to file suit for a violation of the FLSA, which is extended to three years if the violation was willful.
More information on how to file a charge with the EEOC and associated deadlines can be found at: https://www.eeoc.gov/how-file-charge-employment-discrimination
Contact a Wrongful Termination Attorney Serving Georgia
If you believe you’ve been wrongfully terminated in Georgia, it is critical that you contact Hall & Lampros today. For your free case evaluation, call or text our Atlanta wrongful termination law firm now at 404-876-8100, or complete an intake form on our contact page and we will call you.