When an employee is dismissed on illegal grounds, such as discrimination or harassment, it is defined as wrongful termination. In other words, any employee who has been wrongfully terminated in violation of state or federal legislation may pursue a wrongful termination claim demanding remuneration, in other words, compensation.
It is also prohibited to fire an employee just because they filed a legal complaint against the company or a “whistleblower” exposed to the employer’s misconduct. This form of behavior is referred to as “retaliatory.” If you believe you were unlawfully or illegally fired from your work, there are many actions and legal steps that you must take to protect your rights and well-being.
Keep A Record Of Everything
Keep a record of everything that happened at work and when you received your dismissal. The information you can present to indicate you were unlawfully terminated is crucial in a wrongful termination lawsuit. It is vital to ensure that you have a written record of statements and other evidence that you may utilize throughout the case to prove wrongful termination. It could be as easy as a passive-aggressive remark from your boss. If you’re recording a comment, be sure to include the date, location, and names of those who were present at the time.
Seek A Skilled Employment Lawyer
The complexities of unfair dismissal can determine whether or not you have a legitimate argument. An expert wrongful termination lawyer can help you sort through all of the details and specifics of your case, consider your circumstances, and make a decision. An attorney will also be familiar with federal, state, and local laws and how they apply to your situation. Opting for legal representation will ensure a positive outcome for your case.
In terms of costs, initially, consultations with employment lawyers are usually free. Typically, employment lawyers receive a percentage (30-40%) of the sum received. Official charges linked with the litigation, such as court fees, services fees, court reporter expenditures, and so on, must be paid.
File A Complaint With Your Attorney
An employment attorney will also know where you should file your complaint. The reason for your unfair dismissal usually determines the location of your lawsuit. A lawsuit alleging breach of the contract, for example, would be filed in civil court, either in a state or federal court. Discrimination-based wrongful termination claims are filed with the Equal Employment Opportunity Commission (EEOC) or the applicable state agency. You will be free to continue additional action against your employer if the EEOC finds your complaints to be legitimate.
You will be able to pursue additional legal action against your employer. The EEOC has a self-assessment tool to determine whether filing with the EEOC is appropriate for your case. Your attorney will also assist you in drafting your complaint. Your previous employer will then be served with notice, which can be accomplished through certified mail with return receipt requested, the county sheriff, or a professional process server. You won’t be able to get your job back in most cases, although you will receive compensation that will keep you going until you can secure some form of income.
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