If you have been the victim of wrongful termination, you can file a claim against your employer. If you have a successful claim and you win, you will be awarded monetary damages for your losses.
Because a wrongful termination case will involve a lawsuit, you will most likely not be able to get your job back. An employment law attorney can review the details of your case and help you determine the extent of your damages and add up your losses from being wrongfully terminated.
Monetary Damages
There are various monetary damages that you may suffer if you have been wrongfully terminated. When you are awarded damages, you will get money to make up for any lost wages, any legal expenses such as court costs and attorney fees, emotional distress and mental anguish, and other damages that may have occurred directly because you were wrongfully terminated.
Your wrongful termination attorney can help you determine your losses and damages because of being wrongfully terminated.
For example, when you were fired, you may have lost your employer based medical insurance. You may have then required medical care that you had to pay for out of pocket.
Your employer may have to reimburse you for the portion of the medical care that your employer based medical insurance would have otherwise paid for you.
You will need to maintain thorough records so your losses can be added up and itemized. You will ask for a settlement amount that covers the total of all your damages.
How To Prove
If you have suffered wrongful termination, you will need to prove what happened for your claim to be successful and for you to be awarded damages.
Evidence and documentation are essential to the success of your claim. There are many reasons that wrongful termination take place.
While wrongful termination itself is illegal, there are often other employment laws violated leading up to the termination. This could include discrimination or harassment based on gender, race, sexual orientation, ethnicity, cultural background, or so forth. Here are some common causes for wrongful termination:
- Discrimination of any kind – gender-based, racial, religion, ethnic origin, etc.
- Retaliation – you have reported wrongdoing in the past and your employer was investigated by the proper agencies
- Whistleblowing – you reported illegal or unethical practices, so you are protected by law such as misappropriation of funds and failure to pay taxes
You will need to have supporting evidence that shows without a doubt you have suffered wrongful termination. You will need evidence to show what happened, such as witness statements and details about your work ability.
You can provide copies of performance evaluations, statements from coworkers and former managers, and so forth. The more evidence and documentation that you can provide to back your claim, the more likely you are to have a successful claim.
If you have reported wrongdoing, you should have documentation that shows you were protected as a whistleblower. Provide evidence where any remarks or threats were made toward you because you were a whistleblower.
Always maintain a file of documentation based on your work relationships and correspondence. If you ever need to file a claim against your employer, that way you have a foundation and supporting documentation that backs up your allegations. Keep all work-related documents and correspondence where they are easily accessible.
Getting Legal Guidance
You should consider hiring a professional to help you maneuver the claims process. An employment law attorney is familiar with the state and federal laws that apply to your situation.
They will be able to investigate the situation and determine which damages you suffered. The lawyer will also gather supporting evidence that helps you prove your case, so you can come out victorious.
Despite the laws and protections in place, employers continue to do things illegally every day. As a worker, you are protected by these laws and you have resources available to help you.
If you are a victim of wrongful termination, complete the Free Case Evaluation Form on this page to share details with an employment law attorney in your area.
You do have limited time for pursuing a wrongful termination claim against your employer, so do not delay getting your claim underway.
Time is of the essence, so ask to have your claim reviewed by an employment law expert today. You need to get your claim on track as quickly as possible. Fill out the Free Case Evaluation Form today.
