Legal Steps for a Wrongful Termination
One of the most stressful events a person can experience is wrongful termination. The legal steps for a wrongful termination can be challenging to navigate independently, as it is an intensely complicated procedure with many legalities involved.
What Is Wrongful Termination?
Wrongful termination is when an employee is fired from their job for illegal reasons. Some examples of terminated employees that might have a case for wrongful termination include:
- Employees fired for raising health and safety concerns or refusing unsafe work environments(in some states)
- Employees fired for whistle-blowing (reporting illegal or unethical behavior)
- Employees fired in violation of employment contracts
- Employees fired in retaliation for taking family and medical leave, requesting a flexible work arrangement, or engaging in other legally protected activities.
- Employees who are victims of blowing
- Employees fired for taking legally protected time off (such as to vote, serve on a jury, or attend school functions)
If you believe that you have been fired illegally or your employer is planning to terminate you illegally under the law, you should take legal action to protect your rights.
Legal Steps For a Wrongful Termination
1. Retain Documentation of Your Termination
If you are considering legal action, it is essential to have evidence to support your case. Keep copies of any documents related to your termination, such as your employment contract, performance reviews, and emails or letters from your employer.
2. Investigate Your Situation
You should review the facts of your termination to determine whether or not it was legal. If you were fired for reporting workplace misconduct, the law protects you. However, if you were fired for other reasons (such as poor performance), an employment lawyer can advise you on whether or not you have a case.
3. Talk to an Employment Attorney
It can be challenging to understand your legal rights and options when going through wrongful termination. A qualified employment lawyer can help you figure out what to do next, represent you in court if needed, and get you the compensation you deserve.
4. File a Complaint
In some cases, you may be able to file a complaint with a government agency such as the Equal Employment Opportunity Commission (EEOC). The EEOC is responsible for enforcing federal anti-discrimination laws. This agency will investigate your situation and can help you take legal action.
What Happens Next?
If you decide to take legal action, several things can happen:
- You may reach a settlement: In some cases, the employer may decide to settle with you out of court. You may receive a financial settlement in exchange for dropping your case.
- Your case goes to trial: If the employer does not agree to a settlement, your case will go to trial. There, a judge or jury will decide whether you were wrongfully terminated and what damages you should be awarded. This could include lost wages, benefits, and emotional distress.
- You are reinstated to your job: In some rare cases, you may be reinstated to your previous job if the court finds that you were wrongfully terminated.
- The employer wins: Unfortunately, there is also a chance that the employer could win the case if you cannot prove that you were wrongfully terminated. However, it is still important to speak with an employment attorney to determine if there are other options for you.
Contact a Lawyer
No one should have to face wrongful termination and the subsequent stress, financial instability, and emotional distress it can cause. If you believe that you have been wrongfully terminated, take action as soon as possible and contact an employment lawyer for help.
At Slaughter Law Firm, we are here to support you through this difficult time. We have vast experience helping employees who have been wrongfully terminated, and we are here to fight for what you deserve. Visit our website to learn more or contact us today.