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Nobody likes to be fired from their job, especially if it is done without any legal justification. No matter the cause, if you are wrongfully terminated from employment, you may have the right to take legal action against your former employer. In this article, we will discuss the steps you should take if you believe you have been wrongfully terminated from your employment.
What Is Wrongful Termination?
Wrongful termination is when an employer terminates an employee in violation of the law or a contract between the employer and the employee. In most states, which are “at-will” employment states, employers have the right to terminate employees without providing a reason. However, even in these states, there are a few exceptions to this rule.
For instance, employers are not permitted to terminate employees for discriminatory reasons, such as race, religion, gender, age, or disability. Additionally, employers are prohibited from firing employees in retaliation for filing a complaint or raising safety concerns, or for taking a leave of absence.
If you believe you have been wrongfully terminated from your employment, you may be entitled to take legal action.
Steps to Take After Being Wrongfully Terminated
1. Review Your Employment Contract
If you have an employment contract, it is important to review it carefully to determine if your former employer violated any of the terms. Your employment contract may provide specific details about the circumstances in which you can be terminated, and any violations of these terms may constitute wrongful termination.
2. Gather Evidence
If you believe you have been wrongfully terminated, it is important to start gathering evidence right away. This can include any emails, text messages, or other documents that support your claim. Additionally, you should consider speaking with any witnesses who may have witnessed the events leading up to your termination.
3. File a Complaint
Once you have gathered the necessary evidence, you should consider filing a complaint with the appropriate government agency. This could be the Equal Employment Opportunity Commission (EEOC) if you believe you were wrongfully terminated due to discrimination, or the Department of Labor (DOL) if you believe you were wrongfully terminated for retaliatory reasons.
4. Contact an Attorney
It is important to contact an experienced employment attorney who can help you navigate the legal system and fight for your rights. An attorney can help you understand your rights, prepare your case, and advise you of the best course of action.
5. File a Lawsuit
If you and your attorney determine that a lawsuit is the best option, your attorney can help you file a wrongful termination lawsuit. This lawsuit will seek to recover damages, such as lost wages, compensation for emotional distress, and other losses.
If you have been wrongfully terminated from your employment, it is important to take the necessary steps to protect your rights. The steps outlined above should help you understand your rights and take the necessary steps to seek justice. Additionally, an experienced employment attorney can help you navigate the legal system and fight for your rights.