The Center for American Progress’s study found that 1 in 5 workers in the US have experienced wrongful termination at some point in their careers.
A Los Angeles wrongful termination lawyer says that wrongful termination is the illegal firing of an employee. There are specific situations when the termination will be deemed by the law as “wrongful” even though it is mostly up to the employer when to hire and fire employees.
Let’s study the important things to consider when establishing your grounds for a wrongful termination claim.
Understanding Wrongful Termination: Key Concepts
It is so important that you understand what wrongful termination is in employment law. Wrongful termination happens when an employer must terminate an employee to protect their legal rights or contractual agreements if the employee is proven at fault.
Termination can be illegal if an employee is terminated due to discrimination, retaliation, or breach of contract.
Once you have determined your legal rights as an employee, you will realize if you have a claim to wrongful termination and get ready for the next steps to take.
Grounds for Wrongful Termination Claims
Identify the very basis of your claim when you are wrongfully terminated. It usually takes place in the form of discrimination through race, gender, or age. This violates the anti-discrimination law.
Whistleblowing is one ground for claims if your superior or employer retaliated against you after reporting illegal activities or unsafe working conditions. Another one is illegal termination, where you are fired after exercising your rights, like taking family leave or filing a complaint.
There are so-called public policy exceptions, like if you were terminated for refusing to commit an illegal act. If you were fired for false or misleading reasons, this is another basis for your claim.
The Role of Employment Contracts and Policies
Employment contracts and company policies that may be provided in the handbook are necessary documents you must have in wrongful termination litigation. If your employer has violated any of the policies stipulated in such documents, you will have a strong wrongful termination case.
Any documents describing your rights must be carefully examined. When your case gets dismissed against the contract or company policies, you need to see a lawyer. Your lawyer can inform you of your choices and what you need to do next.
Proving Wrongful Termination: Evidence and Documentation
Have solid evidence to support your documentation and prove wrongful termination. Keep a file that contains a timeline or log of events leading to the termination: dates, conversations, and times when you or the other party supported or punished you through disciplinary actions.
Collect evidence supporting your belief of company policies and procedures or previous complaints if you believe you were fired due to discrimination or retaliation. Document any conversation you have with the Human Resources Department or management that concerns these claims.
It can be easier for you to prove that the termination you experienced is lawful if you have compelling and well-organized proof.
Next Steps: Legal Action and Seeking Compensation
Consider seeking the help and guidance of a lawyer for your wrongful termination case.
Speak to an employment lawyer. They can orient and inform you if your case has a high chance for a lawsuit.
Your lawyer might also suggest filing a complaint through the Equal Employment Opportunity Commission (EEOC) or a lawsuit.
Negotiate with your employer or their insurance company. There are instances that cases get resolved through settlements even prior to the actual trial.
If you are convinced you have been wronged and your rights have been violated, stand your ground. Do not hesitate to proceed with the next steps and get the compensation you deserve.
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