In an at-will state like Delaware, your employer can fire you any time without notice. Most of the time, the people who lost their jobs don’t have the grounds to file a wrongful termination lawsuit. However, there are a few exceptions to this rule.
When can you file a wrongful termination suit?
The Employee Polygraph Protection Act (EPPA) makes it illegal for employers to fire their employees if they refuse to take a lie-detector test. Your employer could ask you to take a lie detector test, but it can’t retaliate if you decline. Otherwise, you may meet the requirements to file a wrongful termination case.
Additionally, your employer can’t fire you if you’re an immigrant who’s legally allowed to work in the United States. In some cases, this includes undocumented workers. You may have the grounds to file a wrongful termination suit if your employer fires you after learning about your immigration status.
Many people don’t realize that their employers can’t fire them because of their age. As long as you’re legally allowed to work, your employer can’t fire you just because it thinks you’re too old or too young to perform your duties. However, your company may be able to fire you if you can’t fulfill your work expectations. For example, an employer may be allowed to fire a young person if he or she doesn’t have enough experience for the job.
How do you know if you’ve been wrongfully terminated?
It’s easy to figure out if your employer wrongfully terminated you if it flat-out says that you’re being fired because of your age, race, gender or sexual orientation. However, many situations are confusing or unclear. You could always talk to an attorney if you’re not sure if you have a case. A lawyer may be able to determine whether you should file a lawsuit, or your employer acted within its rights.