Wrongful termination is when an employee is fired from their job in violation of legal protections, company policies, or contractual agreements. If you’ve found yourself in the unfortunate situation of being terminated unexpectedly, then you should take the right steps next.

Did you know that approximately 52% of employment lawsuits in the United States are resolved through settlements before trial, and only 1–4% proceed to trial and result in a jury’s decision?

Understanding your rights and options can make a significant difference in how you move forward. And if you are wrongly terminated, lawyers with experience in handling employment cases can make an impact on the outcome of your case.

By following a structured approach, you can handle a wrongful termination claim effectively, potentially leading to a favorable result.

Review Employment Contract

Have you thoroughly reviewed your employment contract for any clauses related to termination? This step is necessary in understanding the terms and conditions that govern your employment and potential termination.

Take the time to carefully read through the contract, paying close attention to sections that outline the circumstances under which your employer can terminate your employment. Look for any language regarding notice periods, severance packages, or grounds for termination.

Understanding these clauses will provide you with valuable insight into whether your termination was lawful or potentially wrongful.

Gather Documentation and Evidence

To strengthen your case in a wrongful termination situation, collect and organize all relevant documentation and evidence immediately. Start by gathering your employment contract, any emails, performance reviews, and written warnings. Make copies of these documents and store them in a safe place. Gather any communication related to the termination, such as termination letters or meeting notes. Keep track of any witnesses who may have relevant information and their contact details.

Document any incidents leading up to the termination that you believe were unfair or discriminatory. This could include instances of harassment, unequal treatment, or violations of company policies. If you have any records of positive performance evaluations or awards, include those as well to showcase your work history.

Consider collecting physical evidence like photographs or videos if they’re relevant to your case. By gathering and organizing all pertinent evidence, you’ll be better prepared to present your case and support your claims of wrongful termination.

Consult With Legal Counsel

Consider reaching out to a qualified attorney experienced in employment law to discuss your wrongful termination case. A lawyer specializing in employment law can provide valuable insight into the legal aspects of your situation, assess the strength of your case, and advise you on the best course of action to take. They can guide you through the process of understanding your rights, evaluating the evidence you’ve gathered, and determining the potential legal remedies available to you.

Legal counsel can help you handle the complicated process of wrongful termination claims, including identifying possible violations of labor laws, discrimination, or retaliation. They can also assist in negotiating with your former employer or representing you in legal proceedings if necessary.

File a Complaint With HR or EEOC

If you believe you have been wrongfully terminated, take the necessary steps to file a complaint with HR or the EEOC.

Start by reviewing your company’s policies and procedures regarding grievances and discrimination complaints. Follow the outlined process for filing a complaint to make sure that your concerns are addressed properly.

Contact your HR department and inform them of your intention to file a complaint. They should provide you with the necessary forms and information on how to proceed. Be sure to document all communication and keep records of any relevant documents, such as performance reviews or emails that support your case.

If your concerns aren’t resolved internally, you can also file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is responsible for enforcing federal laws that make it illegal to discriminate against employees based on factors like race, sex, religion, or disability. Filing a complaint with the EEOC can lead to an investigation and potential legal action to address your wrongful termination.

Consider Alternative Dispute Resolution

Explore alternative dispute resolution methods to address your wrongful termination case efficiently and effectively. Alternative dispute resolution (ADR) can provide a quicker and less expensive way to resolve conflicts compared to traditional litigation.

One common form of ADR is mediation, where a neutral third party helps facilitate a discussion between you and your former employer to reach a mutually acceptable resolution. Mediation allows both parties to express their concerns and interests openly while working towards a solution that satisfies everyone involved.

Another ADR method to consider is arbitration, where a neutral arbitrator reviews the evidence and makes a decision that’s usually binding. This can be a faster process than going to court and can offer a more private setting for resolving disputes.

Collaborative law is another option where you and your employer work together with your respective legal representatives to find a resolution outside of court.

Conclusion

If you believe you were wrongfully terminated, following these steps can protect your rights and potentially seek justice for your situation. Don’t hesitate to take control of your circumstances and seek the support you need to address any wrongful termination issues.