This refers to the legal term for when you were fired from your job in a way that violates the law or your employment agreement. Employees who believe their firing was unjust or illegal may consider whether they have a wrongful termination claim. Knowing the requirements for wrongful termination can help you assess if you qualify to file a claim.
This article discusses the conditions under which wrongful termination can occur, the legal framework for wrongful termination claims, and how to assess whether you have a case.
What Is Wrongful Termination?
The term wrongful termination refers to firing an employee for reasons that violate employment laws, company policies, or contractual agreements. These reasons include discrimination, retaliation, breach of contract, or firing in violation of public policy.
Each state has different wrongful termination laws, and whether you have a valid claim depends on the details of your situation. Generally speaking, employers must comply with employment contracts, anti-discrimination laws, and other legal rules governing the termination of employees.
Pivotal Elements of Wrongful Termination
There are a number of key factors that would render a termination “wrongful.” These include:
Discrimination: If you face termination due to race, gender, age, religion, or disability, this can be considered as wrongful termination. There are federal and state laws that bar discrimination in the workplace.
Retaliation: If you were fired for complaining about unlawful practices, reporting harassment, or taking part in a workplace investigation, this can amount to retaliatory termination.
7) Breach of Contract: If you had an employment contract with various terms talking about job security or termination, firing you in violation of that contract can mean wrongful termination.
Public Policy Violation: If you are fired for something that amounts to a violation of public policy — like you refuse to commit a crime or you take family leave — you may have a case for wrongful termination.
Is There a Case for Wrongful Termination?
Read through Your Employment Agreement
The very first thing you will want to do in order to decipher if you have a case for wrongful termination is to go over your employee agreement. If you have signed a contract that details when you can be terminated, and your employer broke the law, then you may have a legitimate claim.
In some cases, employees operate under “at-will” agreements, meaning either the employee or employer may terminate that relationship at any time without cause. Even in situations with at-will employees, it is still possible for an employee to have a wrongful termination claim when the termination violated certain laws or rights.
Think About Why You Were Let Go
This may also include reviewing the reasons for your dismissal. Was there anything that you did or did not do that caused you to be terminated? Were you warned or evaluated before being let go? If you were suddenly let go, without an explanation, or if you weren’t given a chance to correct performance problems, you may want to determine whether discrimination, retaliation or a breach of contract contributed to your firing.
Research State and Federal Laws
It’s important to know the laws that shield you from wrongful termination. Employees are protected from discrimination, harassment and retaliation by both federal and state laws. Civil Rights Act, Family and Medical Leave Act (FMLA), Equal Pay Act, Americans with Disabilities Act (ADA).
If your firing broke any of these laws, you might have a wrongful termination case. Each state also has its own laws about wrongful termination, which might afford additional protections. That means consulting an employment lawyer experienced in wrongful termination will give you an idea of the legal landscape.
Document Everything
If you believe you were wrongfully terminated, the first thing you need to do is find any evidence or documentation that might help your case. Make sure to keep records of performance reviews, emails, any communication with your employer and any complaint you may have made about discrimination or harassment.
It’s particularly important to document everything if your termination was a surprise or if there was no clearly articulated reason for the firing. As much evidence you have about this situation, your case will be more solid.
Consult a Retaliation Attorney Before Filing a Wrongful Termination Lawsuit
Know the Time Limits
There is a time frame for filing a wrongful termination lawsuit. In many instances, you are required to file a claim within a certain period after your termination. You have 180 days from the date of the alleged wrongful act to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) (unless your state has a similar law, in which case you have 300 days).
The importance of filing as soon as possible cannot be stressed enough — you do not want to miss the deadline. Depending on the particular laws under which you are bringing a claim, time limits will differ, so it’s crucial to verify what the deadlines are for your specific case.
Seek Legal Counsel
Consulting with an experienced attorney is a good idea if you think you’ve been wrongfully terminated. A wrongful termination attorney with this type of expertise can review your situation, advise you of your rights and determine whether you have a case.
In addition, an employment lawyer will assist you in the process of handling the legal challenges that are involved in wrongful termination lawsuits and take steps to ensure you protect your rights when [and if] you choose to seek a wrongful termination claim.
Consider Settlement Options
Most cases of wrongful termination are settled or mediated before ever going to trial. A settlement is a negotiation between you and your employer to settle the dispute without taking it to trial. Your lawyer can advise you about whether settling is the best course or if you should litigate the issue.
A settlement can lead to a faster result, but you may not reap the same benefits you would in a trial, particularly if you are looking for substantial damages.
Get Ready for the Lawsuit Process
If you do end up in court, it can be a lengthy process. Lawsuits may take months, even years, to resolve, depending on the complexity of the case and the schedule of the court. Be sure to collect as much evidence you can and work with your attorney to actively prepare a strong case.
Depending on the details of the case, wrongfully termination claims can lead to damages including back pay, emotional distress damages, and even punitive damages.
Common Wrongful Termination Pitfalls to Avoid
Not Documenting the Situation
As I said before, documentation is key when building a solid case. By not having clear conversations, emails, or meetings documented with your employer, you can actually weaken your case, and further damage your position about whether your termination was unlawful.
The Importance of Not Waiting to File a Complaint
Statutes of limitations for wrongful termination claims can be quite strict. Waiting too long to file a complaint can mean losing your ability to file a lawsuit. This is why it is crucial to file a claim quickly and also consult an attorney as soon as possible.
Not Seeking Legal Help
Navigating the legal system alone can be daunting; wrongful termination cases can be complex. An experienced attorney who knows the ins and outs of wrongful termination law will give you the best chance at success in your case.
Conclusion
All Employment and Discipline Blogs Wrongful termination can have a big emotional and financial hit. Relevant Law: If you think you were fired unlawfully, it is critical to understand the laws that protect you and determine if your firing was unlawful. Be sure to keep proper documentation of your situation, learn what your rights are, consult an employment lawyer—and see if you have a case for wrongful termination.
Keep in mind that every case is different, and the appropriate thing to do will depend on your specific situation.
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