Was I Wrongfully Terminated?
Wrongful termination is defined as an employee who was fired from their employment against company policies or for reasons that are not legal.
There are several important factors to consider if you think that you might have been wrongfully terminated.
I Think My Contract Was Breached If you had a contract or other bargaining agreement with your employer, then your employer must be sure to follow contractual obligations when firing you, or they may be liable for wrongful termination.
Employee handbooks and guidelines are not equivalent to a contract.
If you think that your contract has been violated, you should contact an attorney who is familiar with wrongful termination and contractual law in order to get a professional opinion about any possible violations.
I Didn't Have a Contract But Still Think I Was Wrongfully Terminated If there isn't a contract, your employer doesn't need a reason to fire you.
Your employment is considered employment at-will, in which your employer is able to fire you and you are able to quit your job as desired.
If you feel your firing was unfair, it doesn't necessarily mean that you have been wrongfully terminated.
Wrongful termination does happen, though, and employees who were fired are eligible for protection, provided that they were truly wrongfully terminated.
Besides breaches in contract, wrongful termination includes: · Discrimination: racial, religious, sexual or other · Violations of state laws (such as a violation of state laws dictating maternity leave) · Employer retaliation (such as firing an employee for whistle-blowing or refusing to participate in illegal activities) If you think that you have been wrongfully terminated, the first step is to file a complaint.
The reason for your wrongful termination will determine who you file your complaint with.
If you suffered from discrimination, your complaint should be filed with the Equal Employment Opportunity Commission.
You have only 180 days after being fired to file a complaint with the EEOC, and fewer if you worked for the federal government.
Breaches in contract will most likely need to be filed with your state's labor office.
If you are confused about how to file a claim or with whom to file it, you should contact your state labor office or an attorney who specializes in wrongful termination, discrimination, or contractual law.
In most states, you must file a complaint before you are able to pursue a lawsuit against an employer.
Making sure your claim is solid and accurate will increase the chances that your claim is upheld and that you are able to proceed with a lawsuit, so contacting an attorney early on can pay off later.
If your claim makes it to the lawsuit stage, you will be able to ask for certain damages stemming from your wrongful termination: · Lost wages or unemployment benefits · Severance Packages or Job Reinstatement · Punitive Damages · Unclaimed Benefits · Attorney Fees Wrongful termination is against the law and employers who engage in it can be held responsible for their actions.
Your state labor office or an attorney who specializes in employment or discrimination law can help you in your legal process.
There are several important factors to consider if you think that you might have been wrongfully terminated.
I Think My Contract Was Breached If you had a contract or other bargaining agreement with your employer, then your employer must be sure to follow contractual obligations when firing you, or they may be liable for wrongful termination.
Employee handbooks and guidelines are not equivalent to a contract.
If you think that your contract has been violated, you should contact an attorney who is familiar with wrongful termination and contractual law in order to get a professional opinion about any possible violations.
I Didn't Have a Contract But Still Think I Was Wrongfully Terminated If there isn't a contract, your employer doesn't need a reason to fire you.
Your employment is considered employment at-will, in which your employer is able to fire you and you are able to quit your job as desired.
If you feel your firing was unfair, it doesn't necessarily mean that you have been wrongfully terminated.
Wrongful termination does happen, though, and employees who were fired are eligible for protection, provided that they were truly wrongfully terminated.
Besides breaches in contract, wrongful termination includes: · Discrimination: racial, religious, sexual or other · Violations of state laws (such as a violation of state laws dictating maternity leave) · Employer retaliation (such as firing an employee for whistle-blowing or refusing to participate in illegal activities) If you think that you have been wrongfully terminated, the first step is to file a complaint.
The reason for your wrongful termination will determine who you file your complaint with.
If you suffered from discrimination, your complaint should be filed with the Equal Employment Opportunity Commission.
You have only 180 days after being fired to file a complaint with the EEOC, and fewer if you worked for the federal government.
Breaches in contract will most likely need to be filed with your state's labor office.
If you are confused about how to file a claim or with whom to file it, you should contact your state labor office or an attorney who specializes in wrongful termination, discrimination, or contractual law.
In most states, you must file a complaint before you are able to pursue a lawsuit against an employer.
Making sure your claim is solid and accurate will increase the chances that your claim is upheld and that you are able to proceed with a lawsuit, so contacting an attorney early on can pay off later.
If your claim makes it to the lawsuit stage, you will be able to ask for certain damages stemming from your wrongful termination: · Lost wages or unemployment benefits · Severance Packages or Job Reinstatement · Punitive Damages · Unclaimed Benefits · Attorney Fees Wrongful termination is against the law and employers who engage in it can be held responsible for their actions.
Your state labor office or an attorney who specializes in employment or discrimination law can help you in your legal process.