If you have been wrongfully terminated from your job, it is important to understand your rights and take the appropriate steps to address the situation. Wrongful termination occurs when an employee is fired for illegal reasons or in violation of their rights, such as retaliation, discrimination, or breaching an employment contract. Below is a comprehensive guide on what you can do if you believe you’ve been wrongfully terminated:
What to Do if You Are Wrongfully Terminated from Your Job
Wrongful termination is a serious matter that can affect your livelihood and emotional well-being. However, there are steps you can take to protect your rights, address the wrongful dismissal, and seek appropriate legal remedies. Here’s what you should do if you are wrongfully terminated from your job:
1. Understand What Constitutes Wrongful Termination
Wrongful termination typically refers to being fired for reasons that violate local, state, or federal laws, or the terms of your employment contract. Some examples include:
- Discrimination: Being fired due to your race, gender, age, disability, religion, or other protected characteristics.
- Retaliation: Being fired for engaging in legally protected activities, such as filing a harassment complaint, whistleblowing, or reporting illegal conduct.
- Breach of Employment Contract: If your employer violates the terms of a contract or agreement, such as terminating you before the agreed-upon time without valid cause.
- Violation of Public Policy: Being fired for reasons that go against public policy, such as refusing to engage in illegal activities or taking time off for jury duty or voting.
2. Review Your Employment Contract or Agreement
If you have an employment contract, review the terms and conditions, especially the termination clauses. Some contracts may have specific procedures for termination, and firing you in violation of those terms could be grounds for a wrongful termination claim. For example, if your contract requires your employer to provide warnings or documentation of performance issues before termination, failing to do so may be a breach of contract.
3. Document Everything
Keep a detailed record of all relevant events surrounding your termination. This will be essential if you decide to take legal action or file a complaint. Document the following:
- Your Performance History: Keep copies of performance reviews, awards, and any positive feedback you’ve received. If your employer suddenly claims you were terminated due to poor performance, having documentation of your good performance can support your case.
- Communication with Your Employer: Retain any emails, memos, or written communication you received leading up to your termination. This includes emails about any warnings, disciplinary actions, or reasons for firing.
- Witness Statements: If there are coworkers or witnesses who can support your claims of wrongful termination (such as witnessing discriminatory behavior or retaliation), ask them for written statements or testimony.
- Details of the Termination: Write down the exact circumstances of your termination, including who was involved, what was said, and any immediate actions taken by your employer.
4. Consult with an Employment Lawyer
An experienced employment lawyer will help you understand whether your termination was wrongful and advise you on how to proceed. A lawyer can:
- Review the facts of your case and determine whether you have a valid wrongful termination claim.
- Explain your rights and options, including filing a complaint with the Equal Employment Opportunity Commission (EEOC) or your local labor board.
- Help you understand your legal recourse, including whether you can pursue a lawsuit for damages, compensation, or reinstatement.
5. File a Complaint with the EEOC or State Labor Board
If your termination was based on illegal discrimination or retaliation, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s labor board. The EEOC enforces federal laws against employment discrimination, and many states have their own agencies that handle labor disputes and wrongful termination cases.
- File Within a Timely Manner: There are strict deadlines for filing complaints, often within 180 days from the date of termination, though some cases may allow for extensions.
- Investigations and Mediation: After filing, the EEOC or your state agency will investigate your claim and may offer mediation services to resolve the matter. If the agency finds evidence of illegal conduct, they may file a lawsuit on your behalf or issue a “Right to Sue” letter, which allows you to pursue the case in court.
6. Consider Negotiating a Settlement
In some cases, employers may be willing to settle a wrongful termination claim outside of court to avoid a lengthy legal battle. Negotiating a settlement can save both parties time and money.
- Severance Packages: If you are offered a severance package, make sure you review the terms carefully. In some cases, severance packages are offered in exchange for waiving the right to sue. Make sure the settlement terms are fair and that you understand the full scope of your rights.
- Non-Disclosure Agreements: Be cautious if a settlement includes a non-disclosure or non-disparagement clause, which may prevent you from speaking about the terms of the settlement or discussing the wrongful termination publicly.
7. Pursue Legal Action if Necessary
If you are unable to resolve the issue through negotiation or mediation, you may decide to pursue legal action. Filing a lawsuit for wrongful termination can help you seek:
- Reinstatement: In some cases, the court may order that you be reinstated to your previous position if it finds that your termination was unjust.
- Compensatory Damages: You may be entitled to compensation for lost wages, emotional distress, and any other damages caused by the wrongful termination.
- Punitive Damages: If your employer’s conduct was particularly egregious, you may be able to recover punitive damages, which are designed to punish the employer and deter similar behavior in the future.
8. Prepare for a Lengthy Process
Wrongful termination cases can take time to resolve. Be prepared for the possibility of a long legal process that may involve mediation, discovery, settlement negotiations, and potentially a trial.
- Stay Professional: Continue to maintain a professional demeanor and follow any legal advice provided by your attorney. The way you handle the situation can impact the outcome of your case.
