Your employer cannot fire you for consulting with or hiring an attorney. Regardless of the reason you reached out to a lawyer, there are legal protections for you. You can take additional action against your employer if they fire you for contacting an attorney.
It is your right to talk to an attorney if needed at any time or about any topic. Employers cannot take that right away from you or threaten your employment for exercising those rights. You may need to fight back against these tactics to ensure you get treated fairly. Letting your attorney know what happened is a good first step.
How does the Law Protect Me from Retaliation?
One good thing to know is the law is on your side. Virtually every state has laws that protect employees from wrongful termination, which could cover these situations. In addition, federal laws protect you against retaliation, according to the U.S. Equal Employment Opportunity Commission (EEOC).
If you choose to speak with a lawyer about any issues you face at work, you have protection. However, some employers may still act out. This could include:
- Harassment
- Rude comments
- Intentional lack of assignments, tasks, or hours on the schedule
- Docking pay
- Firing you from your job
- Other negative effects
If any of these happened to you, you should tell your attorney so they can determine what action to take against your employer.
For a free legal consultation, call (800) 537-8185
Understanding How At-Will Employment Affects Your Situation
Even though there are protections in every state for employees, almost all states follow an at-will employment doctrine, according to the National Conference of State Legislatures (NCSL). In essence, this allows an employer to fire you for any reason at any time. Despite at-will employment being the norm, you can still defend yourself using the protections you have under the law.
Many employers tend to abuse the at-will employment privileges they have. There are several illegal reasons to terminate an employee. If you feel like you got fired for one of the following reasons, the law protects you.
Whistleblowing
If you consult with a lawyer or report to a federal agency about dangerous work conditions, violations of health codes, or labor laws, your employer cannot retaliate against you.
Retaliation can come in many forms, but the most common is the termination of employment. Federal and state laws provide whistleblowers with protections against getting fired or harassed.
Discrimination
Discrimination in labor law dictates that your employer cannot act out against you based on your race, sexual orientation, country of origin, religion, or several other factors. In addition, state and federal laws make it illegal to fire anyone based on discrimination.
Consulting with a lawyer regarding these issues is no reason for your employer to fire you. However, if they do, you can use that against them when you file a lawsuit. With the right evidence, you can build a convincing discrimination case.
Workers’ Compensation
Morris Bart has experienced attorneys that can help if you get injured at work. You shouldn’t have to be afraid to talk to a Birmingham workers’ compensation lawyer regarding work-related accidents.
In some cases, these claims get denied, and you may need an attorney to help you fight for the benefits you deserve. Your employer cannot engage in any retaliatory acts against you as doing so would be illegal.
What Should I Do If I Get Fired for Talking to an Attorney?
There are several steps you should take if you suspect wrongful termination:
- Document the situation with as much evidence as possible regarding the circumstances of your termination
- Ask for an official reason why your employer fired you
- Build a strong case for your claim and file it with the EEOC
Remember, a knowledgeable law firm can help you through this process. You do not have to accept getting terminated from your employment just for talking with an attorney or avoid hiring a lawyer because you fear your employer.
Even if your employer does fire you, you have the law on your side. In most cases, retaining an attorney is more than enough to get your employer to review the law and recognize their mistake.
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Do I Need an Attorney to Represent Me?
Whether you file a claim for personal injury, workers’ compensation, or have any other issues at work, an attorney may be necessary to build the strongest case possible. You should not hesitate to get legal assistance just because your employer threatens termination. In some cases, it may not even have anything to do with your employer.
An on-the-job injury might occur because of someone else’s negligence besides your coworker or employer. For example, imagine a vendor making a delivery to your company runs into a ladder you are working on, and you fall. Your injuries occurred at work and because of your job-related tasks, but the third-party vendor caused them.
When this occurs, you may have a case against the negligent vendor and their employer under the state’s respondeat superior doctrine of vicarious liability statute. In Louisiana, this is La. Civ. Code Art. 2320.
Learn More About Your Rights By Contacting Our Law Firm Today
The attorneys at the Morris Bart law firm can help you fight for your rights. If you suffered an injury at work, you could file a workers’ compensation claim. In other types of cases, we may be able to help you win a settlement that compensates for your damages. Do not feel trapped by your employer. We will fight to ensure they do not retaliate against you.
For a free consultation with a workers’ compensation and workers’ rights attorney, please call (800) 537-8185.
Questions?Call (800) 537-8185
to find a Morris Bart office near you.
