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An employer may not dismiss a worker because of their race, religion, sex, disability, or national origin. Employers are also prohibited from terminating employees because of pregnancy or because the worker is over 40. Another key exception to the ?at-will? employment standard is retaliation.
While multimillion awards are possible, it is crucial to keep in mind that federal laws limit the amount of punitive and compensatory damages awarded in cases involving wrongful termination. They cannot exceed $50,000 ? $300,000, depending on the number of employees working for the employer's business.
The State of Alabama does not have any termination laws. Federal law covers such things as discrimination based upon age, race, religion, sex, national origin, and disabilities and is handled by the Equal Employment Opportunity Commission whose office is in Birmingham (205) 731-0082.
If you have been unjustly terminated from your job you may file a claim with the EEOC office within 180 days from the day of your termination. After filing, if the EEOC doesn't pursue legal action within 60 days, you are free to pursue your own legal action against your employer.
Alabama law makes it illegal for an employer to fire an employee for maintaining a workers' compensation claim.
You can file a wrongful termination lawsuit on the ground that your employer fired you because the employer made a decision that was motivated because of your race, sex, sexual orientation, age, or even because you are pregnant. Violation of agreement.
If your definition of winning is winning at trial, then you will probably lose. I've seen research suggesting that only 5-25% of employment cases are successful at trial. But if you define winning as obtaining money for your lawsuit, you have a good chance. Over 90% of these types of cases settle.
If you reach settlement, the total amount you are given is always based on these factors: lost wages, reason of termination, emotional distress, the costs of finding a new job, medical expenses and benefits lost. The average wrongful termination settlement in Alabama is between $6,000 and $100,000.