How to Deal With Wrongful Termination

How to deal with wrongful termination.Getting laid off is one of the most devastating things that can happen to a person, even when you know you messed up.

This is especially true if you had landed your dream job and everything in life was starting to shape up just the way you planned it. But the feeling is worse if you feel you were terminated for the wrong reasons.

You will surely have a hard time trying to move on without getting an explanation from your former employer. The truth is, even the best employees get terminated for wrong motives that the employer would want to keep secret. So, have you been wrongfully terminated?

How to Deal With Wrongful Termination

Most employees working in the private sector in the U.S. are hired on “at-will” basis. “At-Will” refers to employment terms whereby the employer can fire the employee without giving them prior notice, and for a specific reason or no reason whatsoever.

Conversely, the employee also has the freedom to quit their job whenever they want, for a reason or without giving any legitimate purpose.

However, there are several instances where discontinuation of at-will employment may be considered wrongful termination. This will provide you with grounds to pursue a wrongful discharge claim.

What can be considered wrongful discharge?

At-will employment is subject to state, federal, and local laws that prohibit an employer from discharging a worker under certain circumstances. The following are situations in which being fired by your employer will be in breach of the law and therefore, qualify as wrongful termination:

Discrimination by your employer

Anti-discrimination statutes prohibit an employer from subjecting their employees to mistreatment at work or firing them based on several designated categories. If you were recently terminated and you feel it was prompted by your race/color, gender, religion, national origin, sexual orientation, age, pregnancy, or genetic makeup, this may qualify as wrongful termination.

Retaliatory Discharge

Employees are not allowed by the law to act in retaliation when an employee works in a way he’s legally entitled to but against the employer’s liking. This will include things like reporting possible misconduct or illegal activity in the company to the relevant authorities.

Going on leave to serve your jury obligations or discussing with employees ways of improving your wages. These are examples of situations that can end up in a retaliatory discharge, which constitutes wrongful termination.

Illegal Acts

Sometimes, your employer or direct superior at work may consciously direct you to perform actions that are clearly illegal or undermine the rights of fellow employees. Employees may not be fired for failing to adhere to an employer’s order to perform illegal acts.

How to Deal With Wrongful Termination

Violations of employee contract

Most at-will employees do not have written agreements. However, if you signed an employment contract when you were getting hired, it is essential to read the terms when you get fired.

Even if you don’t have a written agreement, you may have an implied contract which comes about from an employer’s statements, actions, or from the employee handbook.

If you feel your employee fired you in breach of your employment contract, promises he made verbally, or the terms in the employee handbook, this may be regarded as wrongful termination.

Harassment

Employees are protected by the law from harassment by their employers in the workplace. If your boss compelled you to have a sexual or romantic relationship with him, or said something insulting about your religion, national origin, color, disability, etc., or fired you after the romantic relationship the two of you were in came to an end, this will also be deemed to be wrongful termination.

How to Deal With Wrongful Termination

Remedies for wrongful termination

Workers who have been wrongfully discharged are entitled to several remedies as per the law. If you feel your employer acted unjustly in firing you, you may rightfully file a wrongful discharge claim.

If you’ve officially been released, some of the remedies available to you will include monetary damages, and the opportunity to negotiate a proper severance package for adequate compensation.

If the discharge wasn’t yet official, you are entitled to reinstatement to your former position, entitlement to back pay, recovery of lost wages, commissions, etc. and further measures to prevent similar future behavior.

Most cases dictate that the victim of a wrongful termination first files the charge with the state or federal agencies such as the Equal Employment Opportunity Commission, after which an investigation will be done to determine the proper remedy.

It is only after going through EEOC that you can take your wrong termination lawsuit to the court of law. This is how to deal with wrongful termination

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