People get fired every day, and different reasons are offered for the termination. Some of these reasons may be invalid and can be challenged in a court of law.
In the USA, an employee may not be fired because of their ethnicity, race, gender, religion, or disability. Companies are also not allowed to terminate their employees for lodging legal complaints against the employer.
If you brought the employer’s wrongdoings to light as a whistleblower and got fired, you will also have a case against the company.
Let’s look at some tips you should remember if you are wrongfully terminated.
1. Hire a Wrongful Termination Lawyer
A good place to start is to challenge it via a wrongful termination lawyer. This is because employment laws can be very confusing, and handling a termination case on your own can be very complicated. The lawyer will answer your questions and guide you through the process of filing a claim against your employer.
If necessary, the lawyer will also guide you as pursue legal action.
2. Keep Your Emotions in Check
It is normal to experience anger and resentment after being terminated wrongfully. However, you should always keep your emotions in check as some actions may get you in legal trouble.
You may also end up hurting your case. Make sure you avoid damaging property in the workplace.
3. Take Steps to Find Out the Reason for Your Termination
When employees are fired, the employers will usually give them a simple reason for the termination. You shouldn’t stop there as the company will be careful not to give you an illegal reason. Make sure you dig deeper.
4. Collect Your Evidence
You should try and find personnel files that indicate any prior warnings against you. You can also find out who signed the termination letter and ask them why they supported the decision to end your employment.
If you suspect that you were fired for reasons other than those provided, you should set a timeline of events and document anything that would support your case.
5. Understand the Appropriate Regulatory Agencies
You should file a complaint with the appropriate regulatory agencies. Some of the regulatory agencies involved with wrongful termination include OSHA, the US Department of Labor, and EEOC.
6. Be Careful with Compromise Agreements
After getting terminated, the company may give you an offer that will prevent you from filing a case against them for wrongful termination. Before you sign compromise agreements, you should independently consult a lawyer.
7. Understand that Compensations Usually Covers Lost Earnings
While there are many non-financial benefits of having a job, the legal compensation will only cover the earnings lost because of the termination.
8. You May Have to Claim Benefits and Look for a New Job
If you are successful and get the necessary compensation, you will still be required to minimize financial loss by claiming benefits. In addition, you will have to look for a new job.
9. Take Note of Any Negative Actions from the Employer
Companies may try to avoid wrongful termination lawsuits by making your life harder in the workplace. This is meant to push you to voluntarily quit the job. Even if you quit voluntarily after such actions, you may be able to claim compensation for wrongful termination.
10. Try to Negotiate with Your Employer
In some cases, it may not be clear that you were fired unfairly and may even be very hard to win the case. If you don’t feel like you have sufficient evidence to support your lawsuit, you should take steps to negotiate with your employer before clearing your desk.
Conclusion
If you are terminated unfairly, you should follow the tips above.
Remember that there are many valid reasons for terminating employees, including poor performance or breaching the contract. You can work with a lawyer to determine whether you were terminated unfairly.
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