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Your compensation benefits for wrongful termination

| Sep 21, 2018 | Firm News

After working for a company for many years, the company suddenly terminates you. Though your company did not give a reason, you believe it is due to your age or ethnicity, and you know that you have the right to bring a claim against the organization in court.

The Equal Employment Opportunity Commission (EEOC) works diligently to protect potential and current employees from any type of discrimination related to their classes, and it offers the authority to provide compensation to those that experience harassment or unequal treatment. As the EEOC recognizes classes as part of an individual’s identity, citing these protected classes as a reason for not hiring an individual or terminating a current worker proves extremely illegal. Most companies understand that wrongful termination occurs when a worker faces termination due to any of their identified classes, so the organization may avoid giving reasons or cite minuscule transgressions committed.

Bringing a claim for wrongful termination requires significant evidence, so you want to ensure you save emails or document comments made to you throughout your time working for the company. In West Virginia, if you can prove that a company fired you due to the protected classes highlighted by the EEOC, you can receive significant compensation.

Quantifying wrongful termination compensation

The EEOC recognizes that you may not face discrimination due to any of the following identifiers.

  • Age: Old or young
  • Disability
  • Genetic information
  • National Origin
  • Pregnancy
  • Race/Color
  • Religion
  • Sex
  • Sexual Orientation

Many instances of age wrongful termination appear in West Virginia courtrooms. Individuals may describe their employers’ comments regarding their “overqualified” background.

When companies can replace older, experienced individuals’ high salaries with younger, less-experienced individuals’ lesser compensation, many will choose to make the decision to fire an older employee. It is possible that an employee can make a case that their termination was due to age, rather than experience.

Should you have the ability to prove your wrongful termination, you require compensation by your company. According to West Virginia law, you can receive compensation in the following categories.

  1. Back pay: The wages you should have earned had you not experienced termination due to your protected class
  2. Front pay: The wages you should have earned during the trial and beyond, but will not due to your wrongful termination
  3. Attorney’s fees if applicable: The amount of money paid for your representative attorney

You have the right to avoid discrimination in your workplace, and the EEOC gives you the right to seek compensation if you face wrongful termination due to any of the protected classes.

If your rights were violated by an employer or company, we want to hear about it. Our friendly staff and team of attorneys will treat you with respect, listen to your story and lay out all available options. Whether it’s better to settle out of court or take matters before a judge, you can rest assured knowing we will only do what’s in your best interests.