Losing a job can be a traumatic experience, but it is even more shocking when the termination is sudden and unjust. For those who don’t know, wrongful termination is a situation where you have been fired from a job in violation of the law or company policies.
When it happens, it can be overwhelming and confusing to know what steps to take next and how to seek justice. This is what we are going to help you with in this blog. Read below to find out what rights you have as an employee and how you can cope with the emotional and financial repercussions of losing your job.
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Wrongful Termination Explained?
Wrongful termination occurs when an employee is fired or let go for illegal reasons. In most employment situations, employers have the right to fire employees for valid reasons, or sometimes for no reason at all if they work in “at-will” employment states.
However, wrongful termination happens when the firing violates the law or breaches an employment contract.
Common grounds for wrongful termination claims include discrimination, retaliation, breach of contract, or firing in violation of public policy. Understanding these aspects of wrongful termination is important in determining whether your dismissal was legally unjust. Here are some claims you can make after being wrongfully terminated:
Discrimination-Based Termination
One of the most prevalent forms of wrongful termination occurs when an employee is fired based on discriminatory practices.
In the United States, laws such as Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act protect employees from being fired based on race, gender, religion, national origin, age, or disability. If you believe your termination was influenced by any of these factors, you may have a strong case for wrongful termination.
Retaliation for Exercising Your Rights
Another common reason for wrongful termination is retaliation. Employees have the right to report illegal activities, such as harassment, unsafe working conditions, or wage violations. When an employer fires someone for reporting these issues, it is considered retaliatory firing, which is illegal.
Additionally, employees who take legally protected actions, such as filing for workers’ compensation, are also protected from retaliation.
Breach of Employment Contract
If you have a written employment contract or union agreement that outlines specific terms for termination, and your employer fails to follow those terms, it can be considered wrongful termination. The breach can involve termination without proper notice or firing without just cause, as stipulated in the contract.
Recognizing the Signs of Wrongful Termination
It can be difficult to know for sure whether you’ve been wrongfully terminated, especially if your employer tries to disguise the firing as a legitimate decision. However, there are several red flags that may help you understand that it’s wrongful termination:
Sudden, Unexplained Firing: If you are terminated without any prior warnings, negative performance reviews, or clear reasoning, this may be a sign of wrongful termination.
Discriminatory or Retaliatory Behavior: If your firing came shortly after you reported workplace discrimination, harassment, or other illegal activities, retaliation might be the cause.
Contract Violations: If your termination does not align with the terms of your employment contract or agreement, this could be grounds for wrongful termination.
Steps to Take If You’ve Been Wrongfully Terminated
If you believe you have been wrongfully terminated, taking the right steps can help protect your rights and strengthen your case for legal recourse. Here are some of the steps you can take after you have been terminated wrongfully.
1. Document Everything
One of the most important things you can do after wrongful termination is to document everything related to your dismissal. Keep records of your employment contract, performance reviews, communications with supervisors, and any incidents of harassment or discrimination you experienced.
If your employer did not provide a clear reason for your termination, document the circumstances leading up to your firing, including any suspicious behavior or discriminatory actions. Doing these things will help you build a strong case if you decide to pursue legal action against your employer.
2. Request a Written Explanation
Ask your employer for a written explanation of your termination. Even if they try to provide a vague reason, having a documented explanation of why you were fired can help expose inconsistencies or false claims they have made against you.
It also allows your attorney to compare the stated reason with the actual evidence of your performance or behavior. This will help them identify whether there’s a legal basis for wrongful termination.
3. Consult an Employment Attorney
Going through the complexities of a wrongful termination case can be challenging without the help of a legal expert. Consulting with an experienced local employment attorney will help you understand your legal rights.
They will also assess whether your case meets the criteria for wrongful termination and guide you through the next steps. A local attorney can also help you determine what kind of compensation you may be entitled to, including lost wages, benefits, or job reinstatement.
When selecting an attorney, be sure to hire a local one who’s well aware of the laws in your estate and city. For example, if you have been wrongfully terminated in Colorado, hiring a specialist wrongful termination attorney from Colorado will help you practice your rights and get the right compensation.
4. File a Complaint with the Appropriate Agency
Depending on the nature of your wrongful termination, you may need to file a complaint with a relevant government agency. For example, if you were fired due to discrimination, you should file a claim with the Equal Employment Opportunity Commission (EEOC). An employment attorney can guide you through the process and ensure your claim is filed with the appropriate authority.
Losing your job through wrongful termination is undoubtedly distressing, but it’s important to stay positive and plan for the future. Focus on your personal and professional development while your case is being resolved. Keep in mind that while the legal process can be slow, your career doesn’t have to come to a halt.
