There is never a time when it’s appropriate for your employer or their staff to harass you or discriminate against you. If you are harassed repeatedly or are discriminated against before losing your job, then you may be in a position to file a wrongful termination claim.
There are many circumstances under which an employer may try to terminate someone improperly. For example, imagine that you are unwell and need to wear a mask at work to prevent getting sick. Perhaps you have a compromised immune system, for instance, and it’s flu season.
An employer needs to provide reasonable accommodations for a disability or medical condition. If they request you take off the mask, you don’t need to do so if it’s medically necessary. Additionally, they should not retaliate against you for having a new or worsened health condition.
Now, imagine walking into work and being told that your position is being terminated just a day or two after you have an argument with your employer about wearing your mask. They claim it’s because of other factors, such as no longer needing an employee in your position, but a coworker informed you that they overheard your employer saying that they didn’t need a sick worker on the job.
What can you do if you think you’ve been discriminated against and then wrongfully terminated?
This kind of situation is complex, so it’s important for you to collect as much information and evidence as you can before you leave your position. If you have emails or texts between yourself and your employer, send them to a safe email account off the company’s server.
You may also want to gather recordings, security footage and witness statements from coworkers who overheard your employer’s plans to let you go over your illness. The information they have could be helpful when you talk to your attorney about making a case.
Finally, get in touch with the human resources department and make a complaint. If they do not investigate or you don’t have an HR department, then the next step may be starting to work with your attorney to find a solution to the potential wrongful termination.