Unfortunately, many people are wrongfully terminated every day. Of all the people who unlawfully lose their jobs, only a very small portion is aware of their wrongful terminations. The other parties who are wrongfully terminated do not consider their termination wrongful or unlawful.

Why do some parties fail to see that they were wrongfully terminated? In many cases, employers provide their employees with false explanations and reasoning behind their termination. Some of these explanations seem reasonable to the parties that were terminated; therefore, they simply accept the termination and move on with their lives.

Consider some of the most common excuses that wrongfully terminated employees hear upon being fired:

• The employee’s quality of work does not meet company standards.
• The employee’s position is being eradicated due to restructuring.
• The employee broke company rules.
• The company is downsizing due to budget cuts.
• The employee’s attendance/tardiness.

The reasons for termination listed above might seem perfectly acceptable; however, to identify excuses covering up what is really wrongful termination, the terminated employees must look into their entire experience in their workplace.

Daniel Azizi, employment attorney at California Labor Law Employment Attorneys Group, says that “many employers use a number of excuses to cover the true reasons behind deciding to terminate their employees.” Employers use these false reasons “to prevent the terminated employees from trying to take legal action against them” because, after all, “the true reasons behind their decisions to terminate employees are illegal.”

If you heard any of the excuses above or anything similar after you were terminated, consider the following points:

• Your quality of work no longer meets company standards.

  Did the way you performed your work recently change? Was there a change in work expectations? If there was not a major change in either the way you were working or the way your employer was evaluating your work, this explanation might be intended to cover up wrongful termination.

• Your position is being eradicated due to restructuring or budget cuts.

  If this was the explanation you were given, remain vigilant. If you find that your position was the only one affected by “restructuring” or “budget cuts,” a flag should be raised. Likewise, if you later learn that your employer hired someone to fill the position that you left, you were likely wrongfully terminated.

• You broke the company’s rules.

  Did the company ever enforce these rules? Did other parties also break the same rules without any consequences? If so, you might have been wrongfully terminated.

• You were frequently late or absent.

  Did the company ever enforce strict attendance/tardy rules? Were other employees also frequently late or absent? Were you the only employee that faced consequences due to your tardiness or absences? If so, you might have been wrongfully terminated.

If you suspect that you were wrongfully terminated, you might benefit from looking into your experience in the workplace. Did your employer ever make comments about any protected personal characteristic (age, race, color, origin, sex, orientation, religion, disability, etc)? Were you ever the subject of jokes or snide remarks? Did you ever feel like you were targeted based on any protected personal characteristic?

Indeed, wrongful termination is more devastating that a termination within the realm of the established employmentlaws. According to wrongful termination attorney Daniel Azizi, “It is always unfair for the victim of such an adverse action to be removed from employment based on decisions that are illegal. Add in the fact that continuous discrimination and harassment are often committed to force the individual to voluntarily quit his or her job."

Again, if you think your termination is not within what is prescribed by the laws, then you need to assert your rights against your erring employer.

You might have accepted the fact that you were terminated; however, you might not be completely satisfied with the reasons that you were given for your termination. If you have any suspicions regarding whether you were wrongfully terminated, it is essential for you to reach the root of your termination and explore the possibility of taking legal action.

How to File an EEOC or TWC Charge

You must file a charge in writing.

• To begin the charge process with the EEOC, go to your local EEOC office
• To begin the charge process with the TWC, visit your local TWC office
• To begin the charge process with the NLRB, visit your local NLRB office