Getting fired is hard, but getting fired for unfair or illegal reasons is even worse. Psicosmart reported that, according to a survey by the Employment Law Alliance, approximately 1 in 10 employees in the U.S. believes they have been wrongfully terminated.
A San Diego wrongful termination lawyer explains a wrongful termination occurs when an employee is fired for violating federal or state laws like discrimination, retaliation, or contract breach. It is considered unfair dismissal when an employee is fired for serving on a jury, doing legal things when they weren’t at work, joining a labor union and taking part in union activities, refusing to work in unsafe conditions, or asking for help after being a victim of certain crimes.
Wouldn’t you feel lost and confused if you got dismissed without any valid reason? If you know your rights, you will know what to do next. You might start gathering all relevant evidence to take this to the legal court.
Understanding the legal system and your available options can contribute largely to you during this time. Let’s go over the main points of how to deal with your unfair situation.
Understand Your Rights as an Employee
There are federal and some state protections against dismissals based on discrimination, retaliation, or breach of an employment contract.
You must first be acquainted with the particulars of such federal and state laws because, from state to state, they differ tremendously. One is considered wrongfully discharged because they exercised their rights under the law. Another example includes complaining about workplace safety or harassment.
If you belong to some class protected by the law against such treatment because of any personal characteristic considered under such law, you may have been illegally discharged. Being aware of this helps you take action to get justice when you believe that you have been wrongfully terminated.
Gather Evidence of Wrongful Termination
Collecting evidence is necessary for the support of your claim and will build your strength to face the due process of getting justice for the wrongful termination.
Gather all employment-related documentation to include your employment contract, performance review, and any written warnings.
Write down everything related to your termination – from the dismissal date and time to any other relevant information involved. Request statements or declarations from co-workers willing to testify in support of your claim.
Get whatever electronic communications you can find appropriate to demonstrate your work performance or the discrimination alleged, such as emails, text messages, instant messages, and the like. Keep written records of any interaction you may have with your employer in respect of your dismissal.
Consult With an Employment Attorney
Consult an employment lawyer after gathering all the evidence to demonstrate that you were wrongfully terminated. An attorney will examine the particulars of your case and provide sound legal guidance for your possible courses of action.
They can walk you through employment laws so that you might see whether you really do have a claim that stands to succeed.
During the consultation, discuss your situation in detail and present all evidence that you have. The lawyer will discuss various options with you before giving you advice on what is best to do according to your situation.
File a Complaint With the Appropriate Agency
File your complaint with the proper agencies after speaking with your attorney.
The Equal Employment Opportunity Commission (EEOC) or another labor agency in your state may be the appropriate agency, depending on the nature of the matter and your situation.
Gather your documents: termination letter, performance evaluation, evidence of discrimination, or evidence of retaliation, whatever you have.
Be clear and direct when filing your complaint.
Agencies have their own forms and deadlines, so make sure you adhere to the proper guidelines.
After the submission, the agency investigates the allegation, and from there, either mediation will be arranged or further legal action will be pursued, depending on the result.
Explore Potential Legal Remedies
After filing your complaint, research your legal remedy options.
Try to negotiate reinstatement of employment or, in simple words, getting your job back. This remedy can be useful if you wish to return to your prior post.
You may also seek compensation for wages and benefits lost while being unemployed.
Companies can even receive punitive damages if it is proven that they acted with malice.
Settlement agreements may be reached through negotiations, which, often, can be much better than litigation since settlement saves time and stress.
If you’re unsure of what to do, consult an employment lawyer who can help you understand your options.
