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Discriminatory Firing Claims
I think I was fired because I’m a woman.I think I was fired because I’m a woman, how do I prove it? To establish unlawful termination through circumstantial evidence, you must prove that:
1. you are a member of a protected class;
2. you were qualified for, and adequately performed, your job;
3. you were terminated from your job; and
4. your employer had a continued need for someone to perform the same work after your were terminated. For what reasons can I be fired?Rejection of an applicant or termination of an employee when the individual has failed to meet bona fide requirements for the position is not unlawful. Furthermore, employee misconduct is also a justifiable reason for termination. Are women a "protected class"?Yes, as a woman you are considered to be in a protected class. How do I show that my legally protected class led to my discharge?You must show that a discriminatory reason more likely than not led to your termination. For example, if you were terminated for a particular workplace violation that doesn’t warrant termination for male employees, this may be enough to demonstrate that you were fired for a discriminatory reason. What could my employer do to deny my allegations, and how do I respond to their denials?Once you establish your case, your employer must state a legitimate, non-discriminatory reason for your discharge. You must then prove that the discriminatory reason was a significant or motivating factor in your employer’s decision.
Legal Glossary
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