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Employment discrimination and wrongful termination cases are difficult to win because the employee must prove that the employer acted with a specific illegal motivation (i.e. the employee was fired because of his race, sex, national origin, etc.)An employer or manager will rarely admit it acted with illegal motives.
Yes, you can sue your employer if they wrongfully fired you. But you need to know if your employer actually broke the law, and you need to determine how strong your case is. All too often, people want to sue for being fired when the company had a legitimate reason to fire them. Not every firing is illegal.
What is unlawful termination? Section 772 of the Act says that an employer must not terminate an employee's employment for one or more of the following unlawful reasons:trade union membership or participation in trade union activities outside working hours (or during working hours with the employer's consent)
Sexual Harassment and/or a Hostile Work Environment. Race Discrimination. Retaliation Over Workers' Compensation Claims. Violations Of The Family And Medical Leave Act (Fmla) Wage And Hour Violations. Whistleblower Retaliation.
In Montana it is unlawful for an employer to fire you in certain circumstances, such as:Good cause means a job related reason such as failure to do your job, disrupting the employer's business, or some other legitimate business reason. Your employer violated its own written personnel policy when it fired you.