There's nothing as frustrating as going to work and being told that you're fired. With the high cost of living, many people would do anything to have job security. Therefore, if you think you have been wrongfully terminated from your job, you need to talk to an employment lawyer. Here's some basic information on wrongful termination.
What Is Wrongful Termination?
When you're wrongfully terminated from your job, it means you have been fired for an illegal reason. The illegal grounds for firing an employee are discrimination, retaliation, and violation of public policy. Firing an employee because of their race, national origin, religion, color, age, genetic information, or disability is discrimination. Other grounds for discrimination include sexual orientation, marital status, and gender identity.
Another unlawful ground for firing an employee is because they complained of wage and hour violations, workplace safety concerns, harassment, and discrimination. Also, it's wrong to fire an employee for exercising their rights. For example, it's wrong to dismiss an employee because of voting for a specific candidate during an election or for reporting an illegal act.
Additionally, an employee can make a wrongful termination claim if the employer breaches their contract. For instance, if the employee agrees to a contract where they're to be fired only for specific reasons, the employer can only fire them for these reasons. Therefore, the employee can sue for breach of contract if they aren't fired for reasons stipulated in the employment contract.
What Measures Should You Take If Fired Unfairly?
Your first response to a wrongful termination is to reach out to your organization's human resource department. It's advisable to try all available diplomatic options before suing your employer. If you fail to resolve the issue with the human resources department, go to the Equal Employment Opportunity Commission ("EEOC"). The EEOC will investigate your claim before providing a solution.
Before you file a complaint with EEOC, your employment attorney will help you gather evidence to support your claim. Some information required includes written witness statements, hiring and firing forms, documents, and pay stubs.
When to File a Lawsuit?
If you don't find any remedies after reporting to the EEOC, your last resort should be to file a lawsuit. Like any other lawsuit, the case will go through a hearing, discovery, and then trial. If you succeed in your lawsuit, you'll be reinstated to your former position.
Moreover, your employer will be asked to compensate you for loss of pay. Other equitable remedies include an injunction against your employer to prevent them from taking any action against you. Your employment lawyer can also claim compensation for out-of-pocket expenses related to the unfair termination.Share
21 June 2021
Like many people, I once found learning about law very intimidating. My brother went to law school and I remember glancing through a few of his books and wondering if I was actually reading English due to all of the legal jargon in them! However, when I ended up in a sticky legal situation due to accidentally breaking a small law I didn't know existed, I realized that I needed to learn more about the law, so I could make sure to follow it precisely in the future. My brother helped to break down some complicated legal concepts to me, and I have since been studying up online. I want to post what I have learned and continue to learn about law in the future on my new blog, so my knowledge cannot only help myself, but also help others!