If you’ve recently been laid off or fired from work unfairly, you may be wondering what happens next.
The response depends on the circumstances and grounds for your termination. You may apply for unemployment benefits and begin looking for another job. If you were unlawfully terminated from your employment, you may be able to file a legal claim or lawsuit for lost pay and other damages.
Furthermore, as required by law, you have the right to receive your whole salary on time. For instance, if your company fires you without cause, they are required to issue your last salary immediately. You may report wage theft if your employer has not paid you the entire amount due.
The normal statute of limitations for bringing an employment lawsuit for wage theft or wrongful termination is one year in the United States, however, in some circumstances, it may be extended to two years. The statute of limitations for your particular claim should be discussed with an attorney as these restrictions differ from case to case.
It’s essential to keep in mind that state laws differ. Seek legal counsel immediately from MSD Lawyers to determine if you have been fired unfairly and to determine whether you have grounds for a wrongful termination lawsuit.
Steps To Take In Case of Wrongful Termination
An employee is deemed to have been wrongfully fired when they are fired from their position unlawfully. The majority of workers in the US are classified as “at-will,” meaning that they can leave their jobs at any time as long as it’s not for an unlawful purpose.
Here’s what to do when you believe you have been wrongfully fired.
Consult An Experienced Attorney
Sometimes, people choose to file a wrongful termination suit because a regulatory agency is unable to negotiate a settlement or because they want to take urgent legal action. Your wrongful termination lawyer will walk you through the complexities of filing a case of this kind and give you information on the procedures involved.
They will carefully consider all the details of your case to identify its advantages and disadvantages. They will also advise you to look into settlement possibilities with your previous company, as this can provide you with a chance to move on after being fired. It’s crucial to realize, though, that accepting a settlement negates your future ability to sue your employer on the same grounds.
Know Your Employee Rights
Most of US states employ the “at-will” employment policies. Employers are therefore free to fire workers for a variety of reasons. Nonetheless, wrongful termination is prohibited by labor laws in some places, such as Georgia, which forbids employers from terminating workers for improper reasons.
An employee who has been unlawfully fired has the legal right to sue for wrongful termination with the assistance of an employment attorney.
The majority of cases center on claims of discrimination. For such lawsuits to be successful, employees will need to show that their termination was due to their membership in a protected class rather than any other justifiable reason.
Gather Evidence
Acquiring solid evidence is crucial in these situations. This is where timing is so important. For example, it can be a sign of retaliation if your employer fired you soon after you submitted a workers’ compensation claim.
Emails, texts, and internal memos revealing similar intentions are examples of tangible evidence that may be extremely important. You can strengthen your case with statements from coworkers who can attest to your performance or by relating offensive or discriminatory remarks made by superiors.
It may indicate wrongful termination if your management unexpectedly changes its conduct in response to your accusation. Irregular answers or evasiveness in providing a rationale for the dismissal are often indicators of wrongful termination. An experienced lawyer can provide you with further clarity on this point.
File A Complaint With The HR Department
Initiating contact with the HR department of the company is an essential first step in defending your rights and pursuing a settlement. Collect any pertinent documentation, including emails, performance reports, and job contracts, to be ready for this important meeting. Give a detailed account of your worries and the reasons you think the firing was unfair.
Remain respectful and professional during the discussion, keeping your attention on the details and restraining your emotions. Maintaining composure will help you make a stronger argument and improve your chances of getting a just outcome.
Explore Alternative Dispute Resolution (ADR)
Most cases of wrongful termination conclude in out-of-court settlements, saving both parties the trouble of going to trial. In certain situations, the party who feels wronged may choose to pursue mediation or arbitration instead of going to court.
Before setting a trial date, certain courts may require mediation to be attempted. Through mediation, an impartial third person helps to establish a solution. Arbitration, on the other hand, provides a quick and easy way to settle wrongful termination issues while streamlining the trial process and making discovery rules and processes simpler. You can go through these choices with the help of an expert wrongful termination lawyer.
File a Complaint with a Government Agency
Consider submitting a grievance to the Equal Employment Opportunity Commission (EEOC) if you think you were fired unfairly. The enforcement of laws regarding retaliation and employment discrimination falls under the purview of this government agency.
The EEOC will begin looking into your claims as soon as they receive your complaint. You have choices if they determine that your firing was illegal. This includes the option to file a lawsuit or seek redress through settlement.
Generally, unless you can demonstrate the deficiencies in the EEOC’s inquiry, you are not permitted to bring such a case on your own. An experienced attorney can successfully help you through this procedure.
Consider Going to Trial
The wrongful termination dispute will go to trial if the parties can’t settle it through arbitration or mediation. Here, each party will provide proof and witnesses in support of their positions. At this point, an attorney can be of great assistance. A jury or judge will make the final decision in the case.
