What You Need to Know About the Steps to Take After Wrongful Termination
Wrongful termination can be an emotional and financial burden on employees. Here are the steps to take after being wrongfully terminated.
Employers can take action and form a wrongful termination case against their employer. While the process can get lengthy, parties who feel they have been wrongfully terminated can take steps to limit financial burdens after their termination.
Related: Can At-Will Employees Be Wrongfully Terminated?
Benefits to A Wrongful Termination Lawsuit
While a wrongful termination lawsuit can require litigation, there are benefits. After succeeding in a wrongful termination case, winning parties may recover compensation and regain their job.
Steps to Take After Being Wrongfully Terminated
Gather evidence.
The success of a wrongful termination lawsuit depends on the amount of evidence the parties present. Parties should gather as much evidence as possible to maximize their case’s chance of success.
Seek an explanation of termination.
Parties should understand why they were fired and the circumstances leading to their termination. Try to get an explanation from the company or former boss. One can ask the company or contact the person who signed the termination letter. Parties should obtain their file to assess if they have issued a previous warning. Anything a party can collect from their former employer will help the party or their lawyer determine whether the termination was reasonable.
When doing this, parties should remain calm and civil. Sending a rude email or retaliating against a former employer may lead to civil or criminal lawsuits against the party. These actions may also hurt one’s case and make it difficult to collect damages.
Speak to an employment lawyer.
Seeking legal advice from a lawyer specializing in employment law is very important in this process. An employment lawyer can guide parties through the process and help develop a plan of action to make a strong claim that will stand in court.
File a claim.
Parties who feel they have been wrongly terminated can file a complaint with several agencies. Various employment law complaints include:
- Discrimination, retaliation or harassment,
- Unsafe workplace conditions,
- Whistleblower, and
- Equal pay.
One can file discrimination, retaliation, or harassment claims can with the Equal Employment Opportunity Commission (EEOC).
One could file an unsafe workplace complaint with the Occupational Safety and Health Administration (OSHA) if an employer terminated a party after they filed a complaint about unsafe work practices.
One can file a whistleblower complaint with the U.S. Department of Labor for any termination resulting from protected activity under the Sarbanes-Oxley Act.
One can file equal pay complaints with the EEOC if they lose their job for raising concerns under the Equal Pay Act.
The aforementioned agencies can investigate the circumstances of one’s complaint and impose administrative penalties when necessary on businesses. The agencies can also help parties settle with their employer or file a court against their employer.
File a civil lawsuit.
If any agency does not pursue a party’s claim or parties disagree with the resolution the agency suggests, they will provide the party with a Notice of Right to Sue. This notice will allow the party’s lawyer to file a lawsuit.
Related: Do I Have a Case for Wrongful Termination?
FAQs about 5 Steps to Take After Being Wrongfully Terminated
What is back pay?
Back pay is the wages one would have received had they not been wrongfully terminated. The government calculates back pay from the date a party was fired.
What is front pay?
Front pay is the amount of money one would have made until one finds a new job. Front pay also applies if the employee cannot regain their job.
What are punitive damages?
Punitive damages are penalties for any negligent or intentional actions one might take to cause harm or injury to another party. An employer will gain these damages and compensation, making the settlement significantly larger.
Punitive damages are available in cases involving disability discrimination, while age discrimination cases are not.
What are compensatory damages?
Compensatory damages are out-of-pocket expenses or other financial damages caused by workplace discrimination or harassment when a party was exposed as an employee.
U.S. federal law limits the amount of punitive and compensatory damages in wrongful termination claims. The combination cannot exceed $300,000 depending on the size of the employer’s business and other factors.
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If you or a loved one would like to learn more about the steps to take after being wrongfully terminated, get your free consultation with one of our wrongful termination attorneys today!