Losing a job or getting fired can put you under financial stress. However, knowing what you can do when your employer fires you based on discrimination or violates your rights can be more stressful. While many states are at-will, meaning the employer can fire you for any reason, there are still boundaries, and your employer cannot fire you for illegal reasons.
The state allows you to take action against your employer and hold them accountable for wrongful termination that will grant you compensation for the loss you had to suffer due to wrongful termination. Additionally, you may be able to resume your previous job. However, proving wrongful termination is not easy. Attorneys at Hayber, McKenna, & Dinsmore can help you get compensation successfully and protect your rights.
Steps to take after a wrongful termination.
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Remain calm.
Being angry, frustrated, and sad over losing your job is common. However, you must remain calm as you must fight a long battle ahead against your employer. Do not let your emotions allow you to vent on social media, as it can harm your case. If your employer finds something negative about themselves or the company on your social profile, they could file a case of defamation.
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Talk to your HR or employer.
Seek an explanation from your employer or HR for why they fired you. Employers often point out your lack of productivity to terminate you for covering up their selfish acts. Take your time to find out the real reason for your termination, and if it is illegal, you can take legal action against your employer.
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Collect evidence against your employer.
Remember, evidence plays a vital role in proving that you were terminated wrongfully. If you did not receive a letter for termination from your company, ask for one. Additionally, preserve all the emails, texts, and other formal communication with your HR or employer.
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Write down all the details of the event.
The more evidence you have, the easier it will be to prove that you were terminated wrongfully by your employer. Start recollecting everything you remember about the termination and communication details and write it down.
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Do not retaliate or vent.
It is natural to want to retaliate against your employer and speak up for your rights. However, staying calm and planning your next move smartly is important. You are already going through trouble because of being terminated; you do not want to invite legal trouble as well. If you do something against the law, your employer may file a legal case against you.
Instead, read online articles and consult experts to understand your options. This will make you look like a responsible citizen instead of something who is trying to create trouble. Anything to everything can come up in the courtroom, so make sure you do not do things that cast you in a bad light.
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Understand the reason for termination.
If your employer has terminated you for a discriminatory reason, you need to understand the reason properly. It is important to understand the reason for building your case. If you do not understand, consider speaking to your supervisor, employer, human resources, or anyone else with relevant information.
For example, suppose your employer has terminated you for being late to the workplace too many times. However, your employer has turned a blind eye to other people in the same company who come late as well. This counts as discriminatory behavior.
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Review your contract.
Most companies create employment contracts when new people join them. If you suspect you have been wrongfully terminated, review your employment contract to determine signs of a breach. Usually, there are conditions mentioned in the contract for job termination. Make sure to review this section to see if you have done something that might have upset your employer.
If you do not find anything, it means that your employer has breached the employment contract. Breaching an employment contract is illegal.
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Review applicable laws.
There are certain state laws about termination and discrimination. Since every state has a different set of laws, it is important to consult an attorney to understand the laws that apply to your state properly.
- Your company’s hiring and firing laws.
- Your company’s disciplinary measures.
- Your state’s employment laws.
- Federal Employment Laws.
- Speak to an employment lawyer.
No one except for a lawyer can benefit from your case. Even if you are unsure about your termination, you can consult a lawyer and explain the entire situation. Depending on the circumstances, your lawyer will help you understand if your case falls under wrongful termination. Furthermore, a lawyer will help you report your case to the appropriate authority and take legal actions to help you get the compensation and justice you deserve.
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Do not speak to other people about your case.
When you have been wrongfully terminated, it is natural to want to talk to your friends, family, and other loved ones and vent about your situation. While it is okay to talk about how stressed you feel, refrain from discussing the details of your legal case. You never know who is listening to the conversation, even if it is your closest friend.
The other party can reach your friends and retrieve information. It is better to keep the details between you and your attorney.
Have you been wrongfully terminated?
If you have been wrongfully terminated, do not panic. While it is natural to feel stressed because your financial position is at risk, it is important to remain calm. The Equal Employment Opportunity Commission (EEOC) is there to protect your rights and prevent wrongful workplace practices.
The EEOC will thoroughly investigate your situation and suggest the ideal next step. If they suspect wrongful termination, you may file a wrongful termination lawsuit against your employer. You can recover a number of damages as compensation, such as medical bills, mental pain as well punitive damages.
Remember to ask for a free consultation session before hiring an attorney. This way, you can understand whether they are the right person for the job. Additionally, you would also want to discuss the payment methods. Some attorneys ask for an upfront fee, while others can work on a contingency basis.
