Whether you love your job or are just going to work to pay the bills, you have certain legal rights as an employee. Employers also have rights, and both employees and employers can terminate their working relationship at will. 

However, this only applies as long as the reason for termination isn’t illegal, and this includes discrimination based on race, age, and gender. So, if you’re let go from your job due to discrimination or other illegal reasons, what are your legal rights In a wrongful termination claim?

What Are Your Rights as an Employee?

Employees enjoy specific rights; they have the right to a safe work environment. Employees also have the right to leave their jobs at will. The at-will rule also applies to employers; employers can also terminate a staff member’s employment at any time and for any legal reason.

A legal reason can be anything from an employee’s inadequate job performance to the position being eliminated from the company.

What the at-will doctrine doesn’t cover is if the employee is wrongfully terminated. What’s considered wrongful termination? This can vary from an employer wanting to replace an employee with a friend or relative to lying about the worker’s performance. 

Even terminating an employee after filing a workers’ compensation claim can be considered illegal. However, a common reason wrongful termination claims are filed comes down to discrimination.

All employees have the right to file a claim if they’re let go at work due to discrimination. Before you can file a claim, you will need to prove your termination is not based on legitimate grounds but because of your age, gender, race, etc.

Steps for Pursuing a Wrongful Termination Claim

If you believe discrimination is a factor in your recent job loss, you may have grounds for filing a wrongful termination claim. However, before you rush to civil court and file a lawsuit against your employer, take a deep breath. You need to follow a few steps to help ensure your wrongful termination claim meets all legal requirements.

Gather Evidence

You may believe the illegal reason for your firing is obvious, but this doesn’t matter to the court. You must provide evidence of the wrongful termination, and this means your word isn’t going to be enough.

How you prove a wrongful termination claim typically depends on the reason you believe you’re let go. With that being said, some types of evidence can be useful in just about any type of wrongful termination claim.

Your evidence can include text messages, emails, and memos from managers and company owners. Your coworkers can provide testimony supporting your claim. They can testify to your job performance or if you experienced a hostile work environment. 

If the reason for your termination is vague, this can also be used as supporting evidence. Even though employers have at-will rights, they’re still required to provide you with a reason for letting you go.

File a Complaint with the HR Department

Most businesses have HR (human resources) departments. The exception may be a small company with only a handful of employees. As soon as possible after your termination, file a complaint with the company’s HR department.

You’ll want to bring your evidence which should include your employee contract, and any job performance reviews, along with text messages and emails relevant to your claim.

The meeting should consist of yourself, HR personnel, and your manager. Your meeting may include additional personnel, all wrongful termination claims are different so don’t be surprised if the company CEO joins the meeting. 

Outline your concerns and complaints regarding the termination of your employment. Emotions can run high in these meetings, but it’s important you stay calm and collected. If your wrongful termination claim turns into a lawsuit, you don’t want your employer using your poor behavior against you.

Hopefully, the HR meeting will help to resolve your complaint. If not, the next step is considering an alternative dispute resolution (ADR).

Consider Alternative Settlement Options

Not all HR meetings go how you hope. When you can’t resolve your wrongful termination issue in-house, it’s probably time to look at alternative dispute resolution options.

To reach this step, you will probably need to take steps toward filing a lawsuit against your employer in civil court. Sometimes, the threat of a lawsuit is enough to bring your former employer to the negotiating table. 

In most wrongful termination cases, it’s less costly for employers to settle a lawsuit out of court. If you can’t reach an agreement with your employer, the court may mandate a mediation session in hopes of avoiding a trial.

Take Your Case to Trial

When negotiations aren’t going anywhere, sometimes your only option is heading to trial. Your wrongful termination lawsuit is tried in civil court, and a judge or jury will decide if your case has merit.

If you can prove your dismissal from your job is illegal, the court can award compensation for your damages. Your damages can include lost wages, pain, suffering, and embarrassment stemming from the loss of your job. 

If discrimination is a factor in your lawsuit, punitive damages are possible. However, punitive damages aren’t guaranteed. Your attorney can help you understand if your wrongful termination claim qualifies for punitive damages.

File a Complaint with the Government

Along with filing a lawsuit against your employer, you also have the option of notifying the Equal Employment Opportunity Commission (EEOC). The federal agency responds to wrongful termination claims based on discrimination and retaliation.

Once you file a complaint, the agency starts an investigation into your complaint. If the EEOC finds your termination violates local and/or federal laws, this can help support your civil lawsuit. You can still file a claim without notifying the EEOC, however, if discrimination or retaliation is a factor in your job loss, it’s a good idea to alert the agency.

Talk to an Attorney About Your Wrongful Termination Claim

If you believe your recent job loss doesn’t meet legal standards, you may have grounds for a wrongful termination claim. Talk to an attorney about your rights as an employee and your legal options. 

An experienced attorney can help you understand whether your termination violated employment laws and guide you through the process of filing a claim. They can also assist in gathering evidence, such as documentation and witness statements, to strengthen your case and ensure you receive the justice and compensation you deserve.