Losing a job is never easy, but when the circumstances surrounding your dismissal are unlawful or unjust, you may have the right to file a wrongful termination claim. Understanding your rights as an employee, the legal framework that governs employment relationships, and the steps involved in filing a claim are critical if you believe you’ve been terminated unfairly.
In this article, we’ll break down what constitutes wrongful termination, the legal protections in place, and how employment law services can help you navigate this complex process.
Table of Contents
What Is Wrongful Termination?
Legal rights or employment contracts may be broken when an employer fires someone in the process of wrongful termination. Although most U.S. employees can be fired at any time for a wide variety of reasons, there are significant exceptions to this rule.
Wrongful termination can occur under the following circumstances:
If your termination falls under any of these categories, you may be eligible to file a wrongful termination claim.
Signs You May Have a Wrongful Termination Case
It’s not always immediately clear whether a termination is unlawful. However, there are some red flags that could indicate wrongdoing:
In these cases, it’s wise to seek advice from employment law services to evaluate whether you have grounds for a legal claim.
Legal Protections for Employees
There are multiple laws that protect employees from wrongful termination. These include:
1. Title VII of the Civil Rights Act of 1964
Prohibits employment discrimination based on race, color, religion, sex, or national origin.
2. Americans with Disabilities Act (ADA)
Protects qualified individuals with disabilities from being fired due to their condition.
3. Age Discrimination in Employment Act (ADEA)
Safeguards workers 40 years or older from age-based termination.
4. Family and Medical Leave Act (FMLA)
Allows eligible employees to take unpaid leave for medical or family reasons without the threat of being fired.
5. State Employment Laws
Certain states have their own laws protecting workers from being retaliated against, unjustly dismissed, or experiencing problems due to public policy.
It is important to find out which of these laws affects you. For this reason, expert employment law help can make all the difference in your situation.
How to File a Wrongful Termination Claim?
Filing a wrongful termination claim involves several key steps. Here’s a general guide to help you through the process:
1. Gather Evidence
Gather any information about your separation from the job. For this, the reviewer looks at employment contracts, performance reviews, emails, disciplinary actions, and what witnesses said. If you have more proof, your case will become stronger.
2. File an Internal Complaint
You should start by approaching your company’s HR department before going to a lawyer. Regulatory agencies recommend that, first, companies follow their internal complaint processes.
3. Get In Touch With An Employment Law Attorney
A lawyer who handles employment law can assess your claim, find out which regulations apply and assist in putting your claim together.,
4. File Your Complaint With The EEOC or With The State Agency
Should your case be about discrimination or retaliation, you should consider filing a complaint with the EEOC or a state equivalent. After the industrial action ends, companies usually have to act within 180 to 300 days.
5. Agree or Dispute
After reporting the issue to the court, your lawyer might seek a settlement outside of court. If the government does not reach an agreement, the case could be brought to court.
Potential Outcomes of a Wrongful Termination Claim
If your claim is successful, you may be entitled to several forms of compensation, including:
A skilled provider of employment law services will help ensure you receive the maximum compensation you are entitled to under the law.
Why Is Legal Help Essential?
Both the law and feelings play a major role in wrongful termination cases. Having decades of legal experience almost always means employers can successfully defend against a claim without the help of a lawyer.
Hiring an attorney who specializes in employment law services gives you:
Final Thoughts
Being terminated from your job often feels like a personal insult, however, it’s also usually covered by the law. With a wrongful termination claim, employees can get justice and make sure employers obey the law.
Should you feel your termination was unfair, don’t turn away from your inner voice. Learn about wrongful termination claims to review what happened to you. If you get appropriate support, you are able to act, demand justice and perhaps obtain the compensation you are owed.
