What You Need to Know About Wrongful Terminations
An unjustified dismissal from a job can be a stressful experience for employees. Here’s five steps to take after experiencing a wrongful job termination.
United States federal laws, such as the Equal Employment Opportunity (EEO) laws and Whistleblower Laws, allow employees to seek compensation from their employer after being wrongfully terminated. The five steps to take after being wrongfully terminated are: understanding “at-will” employment, determining if discrimination, retaliation, or labor contract violations caused the termination, gathering evidence, filing a wrongful termination claim, and waiting for the case’s final verdict.
Wrongful Termination in the Workplace
In the United States, wrongful termination can occur when an employer dismisses an employee without following the company’s labor contract or because of discrimination against the employee. An employer terminating an employee despite having signed a labor contract promising employment for a set period is an example of a potential case of wrongful termination.
Equal Employment Opportunity (EEO) federal laws protect employees from wrongful termination. EEO laws prohibit employers from using an employee’s “race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, age (40 or older), disability or genetic information” as a reason for firing the employee. The United States Department of Labor’s Whistleblower Laws help ensure employees can report workplace violations without experiencing retaliation, such as demotion or termination, from their employers.
What To Do After Experiencing a Wrongful Termination: The 5 Steps
1. Determine if you were an “at-will” employee.
“At-will” employment allows employers to legally fire an employee without justification so long as the employers follow state and federal labor laws. Termination under “at-will” employment can occur at any time. State courts may not consider an individual’s job loss as wrongful termination if they were an “at-will” employee and did not experience discrimination, retaliation, or a violation of a labor contract.
2. Determine if your termination involved discrimination, retaliation, or a labor contract violation.
Under the United States’ federal EEO laws and Whistleblower Laws, unlawful termination occurs when employers:
- Discriminate against an employee’s race, color, religion, sex, national origin, age, and/or disability or genetic information
- Retaliate against employees for whistleblowing/reporting labor code violations (workplace safety complaints, unpaid wages, etc.)
- Dishonor the terms of a labor contract
Terminated employees who experienced any of the above scenarios should research their state of residency’s labor laws for potential additional protection and compensation.
Related: I Was Assaulted At Work and They Fired Me
3. File a Wrongful Termination Claim.
A terminated employee who experienced a labor contract violation files a wrongful termination claim with their state’s civil court. A terminated employee who experienced discrimination or retaliation from their employer files a wrongful termination claim with the Equal Employment Opportunity Commission (EEOC). Affected individuals should consult an experienced attorney for help with finding and completing appropriate forms.
4. Gather any necessary documents and evidence.
Presenting evidence of discrimination, retaliation, or a labor contract violation can strengthen an employee’s chances of receiving compensation for a wrongful termination.
Sufficient evidence in a wrongful termination lawsuit includes:
- Emails
- Text messages
- Photos
- Eyewitness reports
- A copy of the labor contract
Related: Reasonable Accommodations for Depression at Work
5. Attend any court hearings and await compensation.
The stress of a wrongful termination can alleviate once a judge reaches a final decision regarding the employer’s act of discrimination, retaliation, or labor contract violation.
Compensation for being wrongfully terminated can include receiving a financial compensation equal to the amount of salary the employee would have earned without the termination or a reinstatement to the employee’s previous job. Each state has their own labor laws which may cause varying levels of compensation in wrongful termination lawsuits.
Contact Us
If you or a loved one would like to learn more about 5 Steps to Take After Being Wrongfully Terminated, get your free consultation with one of our Employment Attorneys today!