Last week, an ex-manager of a Chipotle Mexican Grill was awarded close to $8 million in a wrongful termination lawsuit against the restaurant chain. Jeanette Ortiz was accused of stealing more than $600 from a Fresno, California Chipotle in 2015. The alleged theft, which Ortiz’s supervisors claimed was videotaped, was never shown to Ortiz. Her supervisors said the video had been destroyed.
Following her termination, Ortiz filed a lawsuit. Last week, a California jury ruled that the former manager’s termination was in retaliation for a workers’ comp claim she had filed for a work-related injury. Ortiz claims to have suffered carpal tunnel syndrome while working at Chipotle. The Mexican fast-food restaurant was ordered to pay $7.97 million in damages, which includes $1.97 million in lost wages, and $6 million for emotional distress.
How Do You Know if Your Termination Was Legal?
If you’ve recently been fired from a job, and you think your termination was illegal, you may be entitled to compensation. But how do you know if the termination was legal or wrongful? The reality is, most employment is considered to be “at will,” which basically means that any employee can be fired at any time for any reason. That sounds like a blanket statement, but there is one major exception. If the reason itself is illegal, the termination is likely wrongful. An example of an illegal reason for termination would be if an individual is fired because of his race or religion. Such a discriminatory act is prohibited, and thus, would constitute a wrongful termination.
To win a wrongful termination case, however, one must be able to prove that the reason for termination was illegal, or that the termination itself was illegal because it goes against a written or implied promise of employment. For example, if you have a written contract promising job security for one year, and you are fired after six months, you can argue that your employment was not “at-will.” Even an implied promise can suffice, but these are much more difficult to prove. A Boston employment law attorney can help you protect your rights if you’ve been wrongfully terminated. Continue reading