Wrongful Termination – A Guide for Victims
Getting fired is a devastating event even when we know it’s justified. But when you are wrongfully or unfairly fired from a good paying job you love it is demoralizing. It can be difficult to even leave the house, let alone apply for a position elsewhere right away.
Even great employees sometimes get terminated for hidden ulterior reasons. While there are many illegal reasons for termination, some of the more frequent include:
· Whistleblowing,
· Retaliation
· Sustaining an injury at the workplace
· Taking FMLA time
· Discrimination of race, gender, religion, age, disability, etc.
If you have been wrongfully terminated from your job, seek the advice and services of an experienced law professional, and make sure you receive the maximum allowable award under federal and state employment regulations.
Continue reading for a brief review of the steps victims of wrongful termination cases should immediately follow.
Steps to Follow
Proving wrongful termination can be a long process, but there are some things you can do to help the process.
- Document everything you can about the dismissal: the time, the place, the specifics of the conversation, etc. You should also include any related information. Create a time-line of the succession of events that lead to your wrongful termination. Provide as many details and dates as possible.
- Review any employment document you may have signed upon hiring. Check it for accuracy in regards to your specific circumstances. This is an important step when the termination seems to come out of nowhere. You may be eligible for severance pay or other benefits.
- Review your employee handbook or guide for information about your rights as an employee. In many cases, employers include termination clauses entitling you to a period of notice of termination.
- File an official complaint with the Equal Employment Opportunity Commission, which is the government agency that investigates allegations of labor law violations, including wrongful termination.
- Seek the services of an experienced law firm immediately. Hiring a lawyer is imperative when someone feels he or she has been the victim of an illegal dismissal. You need the expertise of a lawyer who works with labor law disputes to handle this type of case properly.
These steps are not only vital; they need to be done in a timely manner. Besides the time limitations for filing a legal claim, the longer you wait to stand up for your own rights, the weaker the case generally looks to the judge or mediator.
Other Considerations
It is not uncommon for some of your co-workers to hesitate or to be unwilling to get actively involved in your wrongful termination suit. Many times your former coworkers feel intimidated and fearful of causing problems for themselves.
Proving your termination is the direct result of an illegal condition isn’t easy. These types of legal cases can be lengthy and time-consuming if a settlement is not negotiated.
Because almost all employment is defined as at will, establishing your termination was due to something illegal, and not because of the superficial reason provided to you, is often difficult.
Most employers are not required to provide a reason for dismissal. Oftentimes pretentious causes are attributed to your termination. Wading through all the legal issues can become overwhelming quickly.
A lawyer who is experienced in labor laws can advise and assist you in making a strong wrongful termination suit. A private lawsuit is sometimes the only way to resolve employment disputes where the employer violates either company policy or state or federal laws.
If you’ve lost your job for any of the reasons listed above, consider discussing your case with an experienced wrongful termination attorney today.