Steps to Filing a Wrongful Termination Lawsuit
Getting terminated from work is never a pleasant experience. Unfortunately, it is a reality in the realm of employment that could happen to any employee. For most employees, working is one of their primary sources of income, and when they get terminated, everything stops. All of a sudden, they don’t have any income to earn for their financial obligations.
Obviously, looking for work just to make ends meet is another challenge and a transition period that could be struggling for them. There are a lot of reasons why they happen, often due to poor performance and failure to meet expectations. Some get the “pink slip” because of violations to company policies. While such an event is disheartening for both employers and employees, it is worth noting that arriving at that difficult decision should be within legal grounds. That is, terminations should remain valid.
What many employees don’t realize is that there are instances of wrongful termination happening in numerous workplaces across the country. This rather common workplace issue happens to be prohibited under prevailing federal and state employment and labor laws that serve to protect employees and strictly govern employers with regard to such matters. Indeed, these laws also allow terminated individuals to establish a cause of action against their inconsiderate employers in the form of lawsuits.
If you are a worker and you have been terminated recently, you are entitled to file a wrongful discharge lawsuit against your employer. However, you need to consider the following instances to see if you indeed have the reason to file such a lawsuit:
- 1- If you have been discriminated in the workplace because of your race, sex, age, color, national origin, or any other protected characteristic defined under federal and state anti-discrimination laws and it was used as basis for your termination, then your employer may be sued for wrongful termination.
- 2- If you are bound by an employment contract detailing the terms of your termination and at some point your employer failed to meet those terms when it decided to fire you, then you are entitled to file a wrongful termination claim.
- 3- If you have been terminated after you filed for a family or medical leave, filed a workers’ compensation claim, or refused to take part in an illegal employment activity, then your employer violated public policy, which gives you the right to establish an illegal termination suit. The same thing can be said if you “blew the whistle” to a certain agency about your employer’s federal or state law violations, failure to uphold health and safety guidelines in the workplace, and illegal, unethical business practice.
Upon determining what could have caused your wrongful termination, it is important that you contact a wrongful discharge attorney to have your claim evaluated. Once determined that your claim is enough basis to establish your suit, your lawyer will begin representing you during the legal process. It usually starts with collecting important pieces of evidence that will be used to strongly support your lawsuit. Doing so enables you and your chosen legal counsel to come up with the necessary legal arguments that would prove that you have been wrongfully terminated.
Apart from gathering documentation to support your lawsuit, your chosen attorney will also discuss with you the strategies you need to take in order to have a better chance of winning a settlement amount in your favor. Most of the strategies would depend on the legal process you would be undergoing. Whether it is through an out-of-court negotiation or court trial, you can always be sure that your lawyer can navigate you through the complicated process entailing your claim.
When should you talk to a wrongful termination lawyer?
You need to speak with lawyers for wrongful dismissal cases as soon as you possible, preferably after you have been terminated. Remember that there are time limits in which you can file your lawsuit. Contact your topnotch employment attorney in California today to start the assessment of your case and help you sort out any issues before pursuing damages from your employer.