5 Things To Do If You Believe You Were Wrongfully Terminated

5 Things To Do If You Believe You Were Wrongfully Terminated

Did you know that during fiscal year 2024, the Equal Employment Opportunity Commission (EEOC) obtained approximately 88,531 complaints concerning workplace discrimination? It is a component of wrongful termination.

When an employee is dismissed from his job despite the law, company policies, or an agreement stating that he should not be rejected, this is termed wrongful termination by the law. In case you have been fired without a good reason, it is important to know your rights and options to make decisions about the next steps.

According to wrongful termination attorneys, when you believe you have lost a job because your employer has unlawfully discriminated, then you are likely to have grounds to file an illegal termination claim.

When you take the correct measures in dealing with a wrongful termination claim, you can handle it effectively, resulting in a successful ending.

Review Employment Contract

Have you thoroughly reviewed your employment contract to identify any potential issues related to termination? It is possible to know the rules in your contract to determine whether you get an opportunity to fight with your employer.

Read the contract carefully. Examine any section that outlines the conditions for an employer to end an employment contract. Pay attention to notice periods, severance pay, or grounds for termination. These clauses will aid you in determining whether your termination is practical or wrongful.

Gather Documentation and Evidence

The timely gathering and arrangement of all documents and evidence would be considered a way to strengthen your case. Collect your employment contract, emails, performance evaluations, and written warnings. Make copies of them and put them in a safe place. Any communication relating to the termination itself should also be put together, like termination letters, meeting notes, etc. Note the names and contact information of any witnesses relevant to the ending of employment.

Note down any event that occurred prior to your termination and which you believe was unjust or discriminatory, which may be in the form of harassment, unequal treatment, or violations of company regulations. Include any positive evaluation or award records that will showcase your work history.

Consult With Legal Counsel

Make sure to contact a qualified attorney specialized in employment law regarding your wrongful termination case.

An employment law lawyer will take a hard look at the legal issues involved in your particular situation and give you opinions on how strong your case is and on what can be done next. They should be able to guide you through examining your rights, going over the evidence you already have laid out, and looking into what possible legal remedies may be available to you.

An attorney will look after your interests and assist you at every stage of the wrongful termination claim process. In this process, the lawyer may figure out if labor laws have been violated, if there is discrimination, or if there is retaliation, and then he or she will negotiate on your behalf or represent you in court if necessary.

File a Complaint With HR or EEOC

Should you feel you have been fired for an unethical reason, take whatever steps are necessary to lodge discrimination charges with your HR department or the Equal Employment Opportunity Commission (EEOC).

You should check your employee manual or handbook regarding HR procedures on grievances and complaints of discrimination. You want to be sure that your complaint is registered correctly as determined by the given course of action. 

Reach out to the HR department to express your intention to file a complaint, as they should walk you through the process and provide any forms that you need to fill out. Record and hold onto performance appraisals or copies of emails.

EEOC also provides the facility to complain when you do not find your issues resolved in your company. The EEOC applies federal laws against discrimination against employees based on race, gender, religion, or disability. A complaint with the EEOC may be the beginning of an investigation and even a court case.

Consider Alternative Dispute Resolution

You may also use alternative dispute resolution methods to move forward quickly and efficiently with your case. Alternative dispute resolution (ADR) is a faster and more affordable method of dispute resolution as compared to trial.

Mediation is one of the more popular forms of ADR. Suspecting that a neutral third party assists in a process of dialogue between you and your employer in such a way that they can come up with a solution that will be beneficial to both of them. During mediation, the participants themselves lay out their concerns and interests in an open forum atmosphere while working toward a solution satisfactory to all involved.

Arbitration is another alternative to ADR. In this case, an independent third-party arbitrator reviews the evidence and makes a ruling that is normally binding to both sides.

Arbitration is generally simpler and quicker than the court process, and the disputing parties may prefer to maintain the process confidential.

Collaborative law involves the employer and the employee, as well as their respective attorneys, coming together to discover a solution out of court.

All of these can protect your rights and may also be fair in your situation. Seek the necessary support to address the injustice you suffered.