Wrongful termination describes when an employee has been unlawfully fired from their job. There are several different types of wrongful termination, such as discrimination, retaliation, and violation of employee contracts. Wrongful termination is considered a serious violation of employee rights and can result in serious legal repercussions for the employer. Knowing what to do if you have been wrongfully terminated is important to navigate this challenging situation and seek justice.
Story Stages
Review Your Employment Agreement
If you believe that you have been wrongfully terminated, the first step that you should take is to review your employment agreement. This agreement that you signed upon accepting your job offer should spell out specific requirements regarding termination policies, such as if advance notice is required, severance pay, and reasons that would justify dismissal. By confirming these details in your employment agreement, you should have clarity as to whether you have a valid argument.
Gather Evidence
Once you have reviewed your employment contract, it is important to gather any pertinent information that helps support your case. Strong, compelling evidence is the backbone of wrongful termination cases, and a lack of it can significantly decrease your chances of securing a successful outcome. Some evidence that you may want to consider gathering may include emails, performance reviews, and written warnings. Essentially, you will want to compile any information that demonstrates your work performance or details the circumstances around your dismissal.
File a Complaint
The next thing that you should do if you believe you have been wrongfully terminated is to file a complaint with the appropriate government agency. Who you file a complaint with is largely dependent on the nature of your wrongful termination. For example, if you were fired because of discrimination, you should file a complaint with the Equal Employment Opportunity Commission (EEOC). It is important to know that in addition to federal law violations regarding wrongful termination, some states also have laws regarding wrongful termination through local agencies such as the California Civil Rights Department (CDR). Filing a complaint must be filed within the stated time limits as failure to do so may bar you from filing a claim or receiving compensation entirely.
Seek Legal Help
Consulting with an Orange County wrongful termination lawyer who has experience navigating the complexities of these types of cases is the next step in the process. An attorney plays a pivotal role in your wrongful termination case for a number of reasons. First, they can help to assess whether you have a valid claim and whether you are entitled to compensation. Second, they can construct a compelling legal strategy on your behalf, ensuring that your rights are protected along the way. Next, they can help ensure that you receive maximum compensation for your case, whether that is through settlement negotiation or in court. Finally, if the case escalates, they can help you file a lawsuit and represent you in court.
