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How should I handle being wrongfully terminated from my job?

On Behalf of | Nov 6, 2023 | Employment Law

In the modern corporate world, navigating the complexities of employment can sometimes be as challenging as climbing a mountain.

Wrongful termination is an issue that many individuals face, and it can profoundly impact one’s career, finances and well-being. Suppose this is your current predicament; you are likely wondering how to handle the situation.

What constitutes wrongful termination?

Wrongful termination occurs when an organization dismisses an employee in violation of employment laws, regulations or employment contract terms. It’s crucial to be aware of the various factors that may constitute wrongful termination:

  • Discrimination: If you were terminated based on a legally-protected characteristic, it could be considered wrongful termination.
  • Retaliation: If you were fired for reporting illegal activities in the workplace, whistleblowing or asserting your rights, it might be wrongful termination.
  • Breach of contract: Suppose your employment contract outlines specific conditions for termination, and your employer didn’t adhere to those conditions; it could be wrongful termination.
  • Unlawful reasons: Termination based on illegal reasons, such as a request for legally-protected medical leave, pregnancy or military service, can be wrongful.

What to do if you suspect wrongful termination?

If you suspect that you’ve been wrongfully terminated, it’s essential to take specific steps to protect your rights and potential legal claims:

  • Gather pertinent information: Collect all documents, emails or other records supporting your wrongful termination claim. This may also include performance evaluations, termination notices and witness statements.
  • File a complaint: Depending on your circumstances, you may need to file a complaint with the Equal Employment Opportunity Commission (EEOC) and/or a state agency

If an EEOC complaint is necessary

Once you’ve filed a complaint, the EEOC will investigate your case. This process may take several months, during which the agency will gather evidence and interview the parties involved. After the EEOC investigation, you may receive a “Right to Sue” letter.

This will allow you to proceed with a lawsuit against your former employer. Remember, if some colleagues or supervisors can vouch for your good performance and the circumstances surrounding your termination, their testimonies can be invaluable in court.

In a world where job security is paramount, understanding your rights and taking appropriate action when faced with wrongful termination is crucial. Remember, you don’t have to face this battle alone; seek legal guidance to benefit from knowledgeable support.