Being wrongfully terminated from a job can affect your financial stability and can also take a toll on your emotional well-being.
Did you know that in 2024, the Equal Employment Opportunity Commission (EEOC) received about 522,132 complaints via their call center, a 10% increase from the prior year? The amount of incoming complaints weren't the only thing seeing a 10% increase, though; new discrimination charges also rose to 81,055.
According to Sacramento wrongful termination attorney Jeffrey D. Fulton, if you've just been terminated from your job and think it wasn't fair, you must understand your rights and know the steps you can take to address the situation.
This article will walk you through the proper way to handle wrongful terminations.
Understand Your Termination Rights
Understanding your termination rights is important to protect yourself from unfair dismissal and potential legal disputes.
Always check your employment contract and any other binding company policies. Contact a seasoned attorney specializing in pregnancy discrimination if you were let go because of your condition, taking leave, or the related actions of any personnel in your company. These legal experts can sift through the fibrous layers of company and personnel decisions to see if your employer violated any federal or state laws, like the FEHA, the PDA, or the FMLA.
A pregnancy discrimination lawyer believes that hiring an attorney can help you look over the specifics of your case, can help in collecting proof of the discrimination, and can help in standing up for you in a court of law.
It's not necessary to learn all federal laws for every state, but you should always consult an attorney if you suspect wrongful termination.
Document the Circumstances of Your Termination
Documenting what happened during your termination will help form the basis of a strong case for you with your lawyer.
Begin by recording significant particulars, like the date, time, place, and the individuals who were there when the occurrence took place. Providing details on what was said will furnish your case with priceless context.
Gather every pertinent email, message, and document related to your claims. If you think you experienced discrimination or retaliation, be sure to note several specific instances that you believe contributed to your being fired.
You can use favorable assessments to dispute any assertions being made about your job performance. Having this sort of paperwork can help bolster your case if you opt to take legal action or file a complaint.
The more effectively you use your files to document your case, the more likely your case will be successful.
Review Your Employment Contract and Company Policies
Before proceeding with filing a claim, review human resource documents to understand all your rights and obligations. Your employment contract defines the terms of your employment, including procedures for termination and rights or restrictions in case of termination.
Look for provisions relating to wrongful termination, severance, or notice required to be given.
Browse the employee handbook and policies of your club. Often, these two documents describe the kind of disciplinary process and the grounds for termination. Comprehending these documents could assist you in determining any inconsistencies in the termination process or confirming adherence to company protocol.
Note any discrepancies between your termination and company policy and keep track of them in case you need to pursue further action.
Seek Legal Advice From an Employment Attorney
After reviewing your employment contract and company policies, you must seek the advice of an employment attorney.
Your lawyer will give you complete legal insight into what is right and wrong regarding your case. An attorney who knows employment law can evaluate your situation and determine possible claims that could be brought on your behalf.
They help in gathering applicable documentation to strengthen your case. They handle the lobbying needed to guide you through the legal process and remind you of any important legal deadlines.
Receiving clear legal support from a competent employment lawyer allows you to develop a strategy and act more effectively in your wrongful termination case.
Explore Your Options for Resolution or Appeal
After speaking with an employment or labor attorney, look into your options for resolution and appeals.
You can file a complaint with either the labor office or the Equal Employment Opportunity Commission (EEOC) within your state. They will take care of investigating your claim and suggest methods for resolution.
Another option you might find appealing is mediation. In mediation, both parties are given the chance to enter peaceful negotiations with a neutral third-party mediator.
Your attorney will explain the legal advantages and disadvantages of each and advise you on which approach is best for your case, based on your circumstances and interests.
