A wrongful termination claim may be filed in court when an employee believes that he or she was unlawfully fired. You will need to provide supporting documentation and evidence to back up your claim. When file a wrongful termination claim, you can ask to be compensated for your losses, such as lost wages, lost benefits, mental anguish, and so forth. You need to keep evidence showing your losses, so you can determine the value of your settlement.
Myth #1 - My Termination Was Unreasonable So It Is Considered Wrongful Termination
Just not being given a reason for termination from your employer is not reason enough to pursue a wrongful termination claim. You will need to be able to provide concrete evidence that shows you were terminated in a way that violated state and/or federal laws. If you were hired at will, as many states allow, your employer can fire you for any reason or for no reason at all if the termination does not violate any laws.
As an example, if you were fired because of your gender identity, you have been wrongfully terminated and you can pursue a claim against your employer for wrongful termination. You will need to show that comments had been made about your gender identity, or that you had been discriminated against because of your gender identity or sexual orientation.
Myth #2 - I Can’t Sue My Employer Because I Quit
Depending on the state laws, even if you quit your job, you can still sue for wrongful termination. First, you will need to demonstrate that your employer engaged in retaliation or intentionally created intolerable working conditions that would compel you to resign. Second, you will need to prove that had your employer simply fired you, you would have grounds for a wrongful termination lawsuit.
Myth #3 – My Employer Will Settle Quickly
If the wrongful termination claim is not based on fact or backed by solid evidence, do not expect your employer to settle so easily. You will need to gather supporting evidence to show that you were indeed wrongfully terminated and that you were mistreated by your employer. You will also need to provide documentation that shows the extent of your damages and the value of your wrongful termination claim. Just like any other claim or lawsuit, you will need to prove your claim without a doubt for it to be successful.
Do You Need Legal Assistance?
If you think you were wrongfully terminated, you should consider working with a wrongful termination lawyer. An employment law attorney can help you get your claim on track. A lawyer may be familiar with the state and federal laws that apply to your claim and may help you gather the supporting evidence and documentation that your claim needs to get on the right track.
You do have limited time to pursue a claim after you have been wrongfully terminated, so be sure to act promptly to ensure you do not miss any deadlines. Fill out the Free Case Evaluation on this page today to get connected with an independent, participating attorney who subscribes to the website.