Losing your job can be both disheartening and embarrassing, but you are not alone. In fact, according to the American Civil Liberties Union, employer fire as many as two million employees every single year. While some of these individuals undoubtedly deserve their terminations, many others should keep their jobs.
If you are an at-will employee, your employer probably can terminate your employment for most reasons or even for no reason at all. Still, your employer cannot wrongfully fire you. If your employer’s explanation makes little sense to you, you might be dealing with pretext.
What is pretext?
In the employment law context, pretext is an explanation that is not truthful. That is, the rationale your employer gives you for ending your employment is a sham to hide the true reason. Because most employers realize they cannot discriminate against workers, pretext provides a perceived shield from legal recourse.
How can you prove pretext?
Proving your employer is not being honest about the real reason for your termination can be challenging, but it may not be impossible. To begin, you should compare your employer’s rationale to your job performance.
If there is a discrepancy, your employer might be trying to hide behind pretext. Moreover, you also should keep records about any discrimination or other types of illegal treatment you experience at work. These records can help you demonstrate the genuine reason for your firing.
Ultimately, if you can successfully prove your employer is using pretext to explain the termination of your employment, you may be eligible for financial compensation.
