Getting dismissed is an unpleasant and highly stressful experience – one that gets compounded when it is a wrongful termination.
The most fundamental thing to know is how important it is to understand what constitutes wrongful termination under federal and state laws.
Some examples of wrongful termination include discrimination, whistle-blowing retaliation, or violation of labor laws.
If you have recently been fired and you do not think it was a legal termination, there are five crucial steps that you must take next. They are listed below:
Review Your Employment Contract
Review your employment contract and any company policies or procedures regarding your dismissal.
You need to understand the terms of your employment. If your employer dismissed you in a manner that breaches one or more terms in your contract, that can be the basis for a wrongful termination claim.
This could be from a misinterpretation of the contract’s terms or a misjudged attempt to bypass them. Either way, you could have grounds for a lawsuit.
Collect Evidence
Compelling evidence can mean the difference between winning and losing a wrongful termination claim.
Employers terminate employees for a myriad of reasons, so if the reason for your termination is not clear, ask for clarification immediately.
Timing plays a crucial role – for example if your employer dismissed you right after you filed a complaint against them, it can indicate illegal retaliatory behavior.
In a wrongful termination claim, evidence is your strongest ally. Gather performance reviews and any emails or messages you received leading up to your dismissal. This evidence is critical in proving the unlawful nature of your termination.
Explore Your Legal Options
Federal laws such as the Americans with Disabilities Act (ADA) and the Civil Rights Act of 1964 provide a clear legal foundation against discriminatory policies and practices.
State laws can further extend these protections, but you must understand your rights after wrongful firing.
You must prove that your termination was unlawful – compelling evidence is essential in these claims.
Hire an experienced wrongful termination lawyer to assist and guide you through the claims process.
File a Complaint
Approaching your employer’s Human Resources department is a crucial first step in your resolution journey. While no one enjoys having to go through something like this, filing a complaint is a necessary outcome to protect your rights.
Before attending an HR meeting, prepare all relevant documentation and gather evidence so you can clearly outline the reasons you believe the termination was wrongful.
A wrongful termination lawyer can assist with this.
Next Steps
Most wrongful termination claims are settled out of court, sparing both parties the arduous ordeal of going to court – but that does not mean you should not prepare to go to trial.
If both parties cannot resolve the dispute through alternative dispute resolution methods such as arbitration or mediation, the matter proceeds to trial. During the trial, both parties present evidence and witnesses to support their claims, and a judge or jury will render a verdict.
To End
Navigating the aftermath of a wrongful termination can be upsetting, but you do not have to go through it alone.
Reach out to your friends and family for support, and hire a good lawyer to help you get the justice you deserve.
