Being laid off is never a pleasant experience. Regardless of why you lost your job, being fired or laid off inevitably leads to disappointment, panic and, at times, anger. This is especially true when you are wrongfully terminated.
But what can you do when your termination comes out of the blue, or when your boss discriminated against you?
Well, there are only a few things you can do.
Familiarize Yourself with Employment Law
Employment laws are designed to ensure that all employees are treated fairly and that the working environment is a safe place for everyone, employers and employees alike.
Employees who are unaware of their rights are at a higher risk of suffering through discrimination, unlawful breaches of contract by their employers, unfair promotion opportunities, and of course, wrongful termination.
When you’re acquainted with your rights and have a full understanding of the employment law, you’ll be armed with the knowledge of how you can fight discrimination in the workplace, how you can improve your working environment, and what you can do in case of termination.
Check Your Employment Contract
Before you decide what kind of action you can take against your employer in case of wrongful termination, it’s crucial to check your employment contract if you have one. Your contract should cover reasons for dismissal, and you should pay very close attention to the fine print here.
If Most employment is at-will, and even employment contracts are usuallyat-will contracts.. At-will employment allows companies to fire you for almost any reason without any legal consequences. The contract enables them to fire you, without warning and even without giving you a reason. However, it still does not allow a company to fire you for an illegal reason.
Determine the Cause of Employment Termination
Once you’ve gone through your contract, you should determine the cause of your termination and see whether it was wrongful or not. But what constitutes wrongful termination?
This normally means that the company discriminated against the employee in the termination process, that public policy was violated, or that the company policy was violated.
Examples of wrongful termination include:
- Discrimination based on ethnicity, race, religion, age, gender, etc.
- Breach of contract in the termination process
- Violation of company and/or public policy
- Employee rejecting to commit illegal activity
- Whistleblowing
- Termination due to pregnancy, etc.
If you feel that you’ve been wrongfully terminated and have evidence for it, you might be able to take legal action against your employee.
Decide Whether You’ll Take Action Against Your Employer
In the case of wrongful termination, you have the option of taking the issue to court. Since 2010, well over a million employment discrimination cases have been filed in the U.S.
However, keep in mind that taking legal action against your employer is a long process. While this shouldn’t discourage you, it’s something that you’ll need to be ready for.
Taking the case to court can take over a year to finish. If you have adequate evidence, you might receive compensation, but you can never know how much it will be.
You’ll need to be determined, committed, and prepared for any ruling if you want to take the case to court.
Find a Wrongful Termination Lawyer
If you’re ready to take legal action against your employer, you’ll need an experienced wrongful termination lawyer. In most cases, personal injury lawyers, criminal lawyers, divorce lawyers, and others are not a good choice of professionals to deal with your wrongful termination.
Employment law isn’t covered on the multistate bar exams, and lawyers who haven’t specialized in this area wouldn’t be able to provide you with the proper legal representation.
So it’s of utmost importance to choose a wrongful termination lawyer if you want to come out victorious in the courtroom.
The Bottom Line
With the right legal representation, you could find a silver lining in your wrongful termination. Don’t allow yourself to become a victim of discrimination in the workplace. Consult a lawyer and see what you should do if your employer has fired you illegally.