Workers cannot be fired by their employers at will for any unlawful grounds. There has to be a good reason for the firing and it shouldn’t go against the law or the rights of the employees.
While this is the case, you may suffer from wrongful termination. For example, your employer may violate your rights to organizing or joining a labor union, or the employer may violate Title VII of the Civil Rights Act of 1964.
Unlawful terminations can also include terminations that occur because of contract violations.
You can proceed and file a wrongful termination claim if you are fired for any of the unlawful reasons listed below:
- Being dismissed on the grounds of your age, gender, sexual orientation, disability, race, color, ethnicity, national origin, religion, or veteran status.
- Being dismissed because you are expecting a child or, in accordance with the Family and Medical Leave Act (FMLA), you have requested time off for a medical condition or family need.
- Being dismissed for being a member of or founding a union.
- Being rejected in retribution for reporting sexual harassment or discrimination.
- Being fired for reporting fraud or for breaching the terms of your written employment agreement by leaving your job before it was scheduled to end.
If you feel that you were fired unfairly, what should you do? Here is how to go about it:
Gather relevant evidence
If you were fired unfairly, try to get proof to back up your allegation. Remember that when you putting together the evidence, written evidence is the best. So, try to document as much of it as possible.
Gather evidence about your performance. If you’re doing well and that’s what they’re pursuing, record it.
Record the treatment you receive in comparison to others. Employers typically use the defense, “This person’s performance or conduct is not up to snuff,” to refute a discrimination claim. To be safe, you should try to find a way to deny it.
Although it does change slightly, federal law places the burden of proof on the employee in a wrongful termination lawsuit.
The employer must first provide a valid, nondiscriminatory justification for the employment action in question, after which the employee must demonstrate a case of employment discrimination.
It only needs to be a good cause for the termination; it doesn’t have to be the actual one. The onus then returns on the employee to demonstrate that the explanation is untrue.
A great way to go about it is to show a history of discrimination or retaliation by your employer. It will help with your age discrimination claim if you demonstrate that they fired everyone once they turned 50.
Statements from witnesses are also useful. You need other people to verify what’s happening because companies and the courts won’t trust you.
Work with an employment lawyer and EEOC.
The government organization that defends employees against unfair practices and workplace discrimination is the Equal Employment Opportunity Commission (EEOC).
If you believe you were fired unfairly, take the information you have gathered to a law firm such as MSD Lawyers for legal assistance. The attorneys will advise you on filing a case for an EEOC investigation.
If the EEOC investigates your case and determines a wrongful termination, you have the right to sue your employer for wrongful termination to get damages for both real and punitive losses.
Thankfully, most lawyers for wrongful termination offer a free consultation, so you don’t need money upfront.
Are there other options instead of going to court?
Most cases of wrongful termination end in out-of-court settlements, saving both parties the trouble of going to trial.
In certain situations, the party who feels wronged may pursue mediation or arbitration instead of going to court. So, if you don’t want to go the court route, you can choose mediation.
Before setting a trial date, certain courts may require mediation to be attempted. Through mediation, an impartial third party helps establish a solution.
Arbitration, however, provides a quick and easy way to settle wrongful termination issues while streamlining the trial process and simplifying discovery rules and processes.
If you are confused about the right way to follow, you can sort through these options with the help of an experienced wrongful termination lawyer.
How much should you expect to get from wrongful termination?
If wrongful termination claims are successful, you may get compensation for your losses from your employer through a settlement or judgment.
No set amount of money is awarded in wrongful termination claims because every case is unique. The total will vary according to the losses you experienced and the particulars of your case.
While this is the case, cases involving overt discrimination or sexual harassment patterns where the company’s leadership created a hostile work environment may result in higher compensation for you.
Parting shot
Don’t be afraid to say if you’re discriminated against. Speak with your manager, supervisor, employer, or human resources.
Employers profit off your embarrassment and reluctance to call them out for being bigoted, sexist, or racist. They use that humiliation as a justification for many of their transgressions. Report it instead of being harsh or belligerent or giving up on your work.
While this is the case, it might be difficult for people who aren’t sure if their wrongful termination claim is legitimate to navigate the complexities of the law.
In such a case, an experienced wrongful termination attorney comes in handy. The attorney will help you evaluate your case thoroughly after considering your particular set of circumstances.
The right attorneys have an extensive understanding of local, state, and federal legislation, which might be vital in bringing a successful lawsuit.
When hiring, take your time and ensure you are working with an experienced attorney who knows what they are doing.
While it’s true that most employment attorneys don’t charge consultation fees, if you need to proceed with the case, you need to have an attorney who can hold their own in court and advise you accordingly, so always ensure that you are consulting an expert.