Wrongful termination occurs all too often in the US. While most American employees agree to work on an “at-will” basis, this does not mean that they should be exposed to the worst types of discrimination while they are on the job.
What is Wrongful Termination?
Cornell Law School describe wrongful termination as “wrongful discharge under contract law” if any discrimination occurs. Although at-will allows for the termination of employment at any moment, it does not allow for that termination to be biased.
For example, your employer can fire you for not turning up to work, but they cannot fire you because they have not made concessions for your disability in the workspace which makes your access to work possible. You can read more about when being fired is considered a wrongful termination or not here.
What to do When You Are Wrongfully Unemployed
Your employer breaches their duty of care for you when they sack you for unreasonable means. For example, if you are the wrong age, color, sex, gender, or have the wrong religious beliefs in their eyes. When you are wrongfully terminated from a job, you have a responsibility to those who come after you to start holding an organization responsible for unjust firing. This means taking the following steps to protect yourself.
Step 1 – Take Notes
Try to recall as much as you can about the incidents which led up to your firing. Note down any occasions when your employer, managers, or other employees act towards you in a discriminatory way. Try to recall dates, times, and witnesses. If possible, start a journal of events when you encounter this treatment in any workplace just in case it comes to unfair dismissal.
Step 2 – Seek Legal Help
Seek the advice of a professional employment lawyer near you. They can help you decide whether or not you have a case, gather evidence, and speak to witnesses. They can guide you on the right steps to take next and can even advice you on the amount of compensation you may be entitled to, based on their knowledge of previous cases.
Step 3 – Speak to Witnesses
If you are too unwell to do this, your lawyer can then help you gather evidence from your witnesses. Speak to them outside the workplace and ask them to give a witness statement. Either transcribe the statement and have them sign it or record it for your attorney. This will go towards the evidence working in your favor when they present your claim.
Step 4 – File Your Complaint
Ask your attorney to file your complaint with the court system as soon as you have enough evidence to do so. Gather all the evidence together to allow your attorney to present it to the court in one solid file. Supporting evidence also works in your favor. Unfortunately, the burden of proof is on you in this instance.
Step 5 – Wait
As your case progresses, your lawyer will advise you on any outstanding evidence or forms the judge requires. Once they decide – which could take months – your lawyer will go into discussion with the opposing legal team. They will arrange a settlement amount if you are not to blame.
Seek Justice Now
Don’t wait. Allowing them to get away with it means it will most certainly happen to someone else.
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