Navigating Wrongful Termination: What to Do If You’ve Been Unfairly Fired

Being terminated from your job can be a traumatic experience, especially if you believe the termination was unjust. This guide will help you understand wrongful termination and the steps you can take to address it.

What Constitutes Wrongful Termination

Understanding what qualifies as wrongful termination is the first step in determining whether you have a case.

• Definition:
  • Wrongful termination occurs when an employee is fired in violation of legal protections or contractual agreements.
• Examples:
  • Breach of Contract:
    • Termination that violates the terms of an employment contract.
    • Failure to follow the termination procedures outlined in the contract.
  • Retaliation:
    • Being fired for reporting workplace violations or participating in an investigation.
    • Termination for exercising legal rights, such as filing a complaint or taking family leave.
  • Discrimination:
    • Firing based on race, color, religion, sex, national origin, age, disability, or genetic information.
  • Violation of Public Policy:
    • Termination for refusing to engage in illegal activities.
    • Firing for performing a legal duty, such as serving on a jury.

Gathering Evidence

Documenting your case thoroughly is crucial to support your claim of wrongful termination.

• Saving Emails and Communications:
  • Preserve any emails, texts, or written communications related to your job performance and termination.
  • Include communications with supervisors, HR, and colleagues.
• Performance Reviews:
  • Keep copies of all performance reviews and evaluations.
  • Note any positive feedback and promotions received.
• Termination Notice:
  • Retain any written notice or documentation provided by your employer regarding your termination.
  • Note the reasons given for your termination.
• Witness Statements:
  • Gather statements from coworkers or others who witnessed relevant events or who can attest to your performance and conduct.

Filing a Complaint

If you believe you were wrongfully terminated, you can file a complaint with the appropriate agency.

• Equal Employment Opportunity Commission (EEOC):
  • The EEOC handles complaints related to discrimination and retaliation.
  • File a complaint within 180 days of the termination (extended to 300 days in some cases).
• State Labor Agencies:
  • State labor agencies handle a variety of employment-related complaints, including wrongful termination.
  • Check your state’s specific procedures and deadlines for filing a complaint.
• Complaint Process:
  • Complete the necessary forms and provide detailed information about your termination.
  • The agency may investigate your claim and attempt to mediate a resolution.

Seeking Legal Advice

Consulting an employment attorney, such as those at Cantrell Schuette Business & Employment Lawyers, can significantly impact the outcome of your wrongful termination case.

• When to Consult an Attorney:
  • If you believe your termination was unlawful and you have gathered substantial evidence.
  • If the termination involves complex issues, such as discrimination or breach of contract.
• Initial Consultation:
  • Expect to discuss the details of your termination and provide documentation.
  • The attorney will assess the strength of your case and advise on the best course of action.
• Legal Representation:
  • An attorney can represent you in negotiations with your former employer or in court.
  • Legal advice can help you understand your rights and potential remedies.

Potential Remedies

Understanding the possible outcomes can help you set realistic expectations for your case.

• Reinstatement:
  • Being rehired by your former employer, often with back pay and restoration of benefits.
• Compensation for Lost Wages:
  • Payment for wages lost due to the wrongful termination, including benefits and potential bonuses.
• Damages for Emotional Distress:
  • Compensation for mental anguish and emotional suffering caused by the termination.
• Punitive Damages:
  • Additional compensation intended to punish the employer for particularly egregious conduct.

If you believe you’ve been wrongfully terminated, taking swift and informed action can help protect your rights and potentially secure a favorable outcome. Legal assistance is crucial in navigating this complex area. Consulting with Cantrell Schuette Business & Employment Lawyers can provide the guidance and representation you need to pursue justice. At Cantrell Schuette Business & Employment Lawyers, we are dedicated to helping employees understand and protect their rights in the workplace.