Losing a job in this day and age is already a big blow to your finances. More so when you have been wrongfully terminated from work, not knowing why it happened.
In 2024, the Equal Employment Opportunity Commission (EEOC) handled approximately 522,132 complaints through their call center. The number of new discrimination charges increased by 10%, reaching 81,055 in the same year.
If you think your termination was not fair, you must know that you can fight for your rights as an employee and step up to address the situation, according to Sacramento wrongful termination attorney Jeffrey D. Fulton.
This article will walk you through the proper way to handle wrongful terminations.
Understand Your Termination Rights
There are several ways you can protect yourself from unfairness in the workplace that you can take up in legal terms.
Employment contracts are written to make sure that you are clear on your employment status that influences your rights and responsibilities. Review your contract and all other binding company policies.
If you were laid off for being pregnant, having a related medical condition, or taking maternity or protected leave, consult an experienced pregnancy discrimination lawyer. These legal professionals can check if your employer broke any federal or state laws, such as the Fair Employment and Housing Act (FEHA), the Pregnancy Discrimination Act (PDA), or the Family and Medical Leave Act (FMLA).
A pregnancy discrimination lawyer can protect your rights as a pregnant working woman. They can help you in analyzing your case and help you in gathering evidence to support your claim. They can also negotiate for you or file a complaint and prepare for court if this is needed.
It's not necessary to learn all federal laws for every state, but you should always consult an attorney if you suspect wrongful termination.
Document the Circumstances of Your Termination
A record of what happened during your termination will help your lawyer build a strong case for you.
Document important details, including the date, time, location, and who was present when the incident happened. Include information on what was discussed to know the valuable context of your case.
You can also collect emails and messages that are relevant to your claims. You can also make a list of instances that led to your termination if you believe there is discrimination and retaliation involved.
Positive evaluations can help you contest any claims about your job performance. Having this kind of documentation will be helpful if you decide to go to court or file a complaint.
The more efficiently your files are documented, the more likely your case will be successful.
Review Your Employment Contract and Company Policies
Before proceeding with filing a claim, review human resource documents to understand all your rights and obligations. Your employment contract defines the terms of your employment, including procedures for termination and rights or restrictions in case of termination.
Look for provisions relating to wrongful termination, severance, or notice required to be given.
Browse the employee handbook and policies of your club. These often describe the kind of disciplinary process and the grounds for termination. You can confirm through these documents if there are any inconsistencies in your termination process or confirm adherence to company protocol.
Note any discrepancies between your termination and company policy and keep track of them in case you need to pursue further action.
Seek Legal Advice From an Employment Attorney
After reviewing your employment contract and company policies, you must seek the advice of an employment attorney.
Your lawyer will give you complete legal insight into what is right and wrong regarding your case. An attorney who knows employment law can evaluate your situation and determine possible claims that could be brought on your behalf.
They help in gathering applicable documentation to strengthen your case. They handle the lobbying needed to guide you through the legal process and remind you of any important legal deadlines.
Receiving clear legal support from a competent employment lawyer allows you to develop a strategy and act more effectively in your wrongful termination case.
Explore Your Options for Resolution or Appeal
After speaking with an employment or labor attorney, look into your options for resolution and appeals.
You can file a complaint with either the labor office or the Equal Employment Opportunity Commission (EEOC) within your state. They will take care of investigating your claim and suggest methods for resolution.
You can also opt for a more peaceful approach, which is mediation. With a neutral third-party mediator, both parties are given the chance to negotiate.
Your attorney will explain the legal advantages and disadvantages of each and advise you on which approach is best for your case, based on your circumstances and interests.
