Imagine you are entirely focused on a project at a company where you have worked for a few years. Suddenly, HR calls you in and says you are fired.
How would you feel? Probably angry, confused, and scared.
All these feelings are natural, but you should clear your head soon and start focusing on how to fight your company for wrongful termination. The best way to take action is by filing a wrongful termination claim.
Reasons for Wrongful Termination
- Discrimination is the most common reason for wrongful termination. From racism to sexism, reasons for discrimination vary
- A company may terminate you as retaliation if you have been a whistleblower
- You may be terminated for raising your voice against harassment or a hostile work environment
How to Take Action against Wrongful Termination?
Taking action against the employer who wrongfully terminated you is essential. What happened to you today can happen to someone else tomorrow. You can prevent this from happening by taking legal action. Here are some things you need to do if you have been wrongfully terminated:
- Understand the employment law
- Gather evidence
- Consult an attorney
- Review your company’s policies and guidelines
- File a complaint
- Try negotiation
- File a lawsuit
Understand the Employment Law
Learn the federal and state employment laws that govern wrongful termination.
These laws vary from state to state, but the intentions of these laws remain the same: to protect employees from discrimination and harassment. It’s important to note that harassment can sometimes escalate to more serious offenses such as domestic assault. Legal firms like Kania Law can provide necessary guidance and representation to ensure the rights of the victims are upheld.
Knowing these laws can help you understand what is considered wrongful termination and how to act against it.
Gather Evidence
If you intend to file a complaint, you will need evidence. Collect and preserve any evidence that supports your claim.
Collect documents like your offer letter, termination letter, and contract details. These documents can help prove your case.
Sometimes, companies fire people for personal reasons and claim they fired the person due to performance issues. Collect evidence to counter these claims. Information like performance reviews can counter these claims.
Consult an Attorney
You don’t need the help of an attorney if you don’t intend to win the case. A wrongful termination attorney can help the victims claim compensation for their losses.
The defendant will indeed have an experienced lawyer. They will make your life a living hell if you don’t have one.
These lawyers will sound so convincing that even you will think the error is on your side.
A skilled wrongful termination lawyer can protect you from these defense lawyers. They will negotiate with the opposition and get you the compensation you deserve.
Review Your Company’s Policies and Guidelines
After hiring a lawyer, ask them to review your company’s policies and guidelines. Doing this is essential to understand whether you have violated any procedures.
You need to ensure you follow all the policies and guidelines.
If you have violated any guidelines, your case won’t be as strong.
File a Complaint
If you are sure you didn’t violate company policies, file a complaint with the relevant authorities.
In this case, you need to file a complaint with the Equal Employment Opportunity Commission (EEOC) of the US. Your attorney can help you with documentation and avoid mistakes when filing the complaint.
Try Negotiation
Some employers will be open to negotiation when they find out you have filed a complaint.
They may be willing to compensate you for the financial and emotional losses you may have sustained.
However, be careful with their offers; they will try to lowball you.
Let your lawyer assess the offer. Accept the offer only if your lawyer says so.
File a Lawsuit
Finally, if negotiations don’t work, file a lawsuit. Filing a lawsuit should be your last resort.
A lawsuit is a long and complex process. Only file a lawsuit if your lawyer is confident they can win your case. A lawsuit can result in much larger compensation than you would have gotten through negotiation.
Final Thoughts
A wrongful termination can cause emotional distress and financial loss to the victim. Fighting against discrimination is essential. Employers who wrongfully terminate employees should be punished.
Taking legal action is the only way to deter these employers from firing someone else.
