If you believe you are the victim of wrongful termination, you may be able to pursue a claim against your employer. Even if your state allows at-will employment there are situations in which wrongful termination can take place.
You will need to gather supporting evidence and seek legal guidance from an employment law attorney, so you can determine the best way to proceed with your claim.
Tip 1: At Will Employment
Most states across the country follow at will employment laws. These laws basically allow an employer to terminate you for any reason and without warning, just so long as the reason or termination is not considered illegal.
There are laws in place to protect employees, and those laws establish illegal reasons for termination of employment.
Wrongful termination means that the termination of the employee’s role within the company breached a contract with the employer or was in violation of public law.
As an example, if the employee had a contract that required termination of employment to be for cause, that employee can file a lawsuit against his or her employer for being fired without reason.
Most wrongful discharge claims happen under at-will contracts for employment, in which a fired worker can sue their employer for wrongful discharge if they can provide evidence of an implied contract for permanent employment with arbitrary discharge.
If your employer violated law or public policy, your termination claim will be much stronger.
If you were fired for an illegal reason, such as for discrimination, defamation, because you are a whistle blower, or because you had an absence from work for public policy like jury duty, you have a valid reason for pursuing a lawsuit. You should seek guidance from an employment law attorney.
With the help of an attorney, you can get supporting evidence and documentation in order. You will also be able to get your claim underway in a timely manner and calculate the total value of your losses caused by the wrongful termination.
Tip 2: Evidence Is Important
To have a successful claim against your employer for wrongful termination, you will need to have supporting evidence and documentation. Evidence is one of the most essential components of proving your claim and recovering compensation for your damages.
You should maintain all work-related documentation should a situation arise later in which you must pursue a lawsuit.
Documentation includes your employment contract, your employee handbook, copies of performance reviews, and any proof of good work you have done with the company, such as customer compliments, sales records, employee awards, and so forth.
Statements from coworkers and customers could also be used as supporting documentation and evidence for your claim. Just like any lawsuit, you must prove what happened, how it happened, and why it happened.
You must successfully prove that you were the victim of wrongful termination, and that your employer inappropriately and wrongfully ended your employment with their company.
You will also need to provide proof of your damages. You must provide proof of your income and the value of your lost benefits.
If you lose your medical insurance when you are terminated from your job, and you must get medical care after your termination, you can ask to be compensated for your medical expenses.
Any pay raises or bonuses that you should have been entitled to receive because of your loss of employment should also be added to your total damages.
Tip 3: Seek Legal Help
If you believe your termination was illegal, or if you think you have been the victim of wrongful termination, you should enlist the help of an experienced employment law attorney.
Employment lawyers are familiar with the state and federal laws and can review your employment contract to determine if any company policy was violated.
When you speak with an employment law attorney, be sure to discuss the payment options. Some employment law attorneys take cases on a contingency basis, which means that he or she will not be paid until you win your claim, and other lawyers will require a retainer to be paid in advance.
There is a statute of limitations, which is a limited time, for pursuing a claim against your employer after you have been wrongfully terminated.
Do not delay getting the help that you need. Complete the Free Case Evaluation Form today, so you can make sure you get your claim on track within a timely manner. Do not delay getting the help that you need to recover your losses.
Additional Resources
- Can I Be Wrongfully Terminated Because of My Sexual Orientation?
- Can I Be Wrongfully Terminated If I Am An At-Will Employee?
- Can I Sue for Wrongful Termination in Oklahoma?
- What Is the Average Wrongful Termination Settlement?
- Workplace Retaliation – What Are My Rights?
- Wrongful Termination Caused Emotional Distress
