The law prevents companies from unjustly firing an employee who spoke up about a workplace problem. They also cannot lay off people because of age or race discrimination. Still, that might not stop unscrupulous employers from trying to wrongfully terminate these individuals.
Anyone who suspects they are facing or have experienced a wrongful termination should be aware of the following excuses a company may offer.
Using vague language or pretending to downsize
One sneaky tactic is using phrases that sound vague and legitimate to hide the real reason behind the firing. For example, an employer might say the company is “going in a different direction” or in the midst of “restructuring.”
Such excuses are really no real reason at all. Legally, employers can do this, but if they cannot justify the firing with concrete facts, they may be hiding their real intentions of trying to get away with wrongful termination.
Sometimes, companies even pretend to downsize to cover up firings. They may claim that the layoffs are about saving money or merging with another company. In reality, they might be getting rid of older workers or people from certain racial groups. If people of a similar demographic are the only ones whom the business lets go, that could be a red flag, allowing the workers to file a formal complaint.
Eliminating a position or title
Another trick is eliminating a job position. In this case, the employer will simply rename the job or give it to someone else using a different title. If a fired worker determines that a new hire or existing employee transfers into a newly created position that handles nearly identical duties, that can be a sign of wrongful termination.
Inventing false performance issues
Management could also suddenly start to raise performance issues about a worker who made a complaint. If an employee suddenly starts receiving write-ups and criticism after calling out discrimination or harassment, the company could be making up reasons to fire the individual.
Unfortunately, a company may still try to get away with a wrongful termination, despite the action being illegal. By carefully watching the organization’s actions and documenting interactions, an employee may be able to gather enough evidence to prove a wrongful termination and then fight for justice with a lawsuit.