What Are Your Options When You Are Wrongfully Terminated From A Job
In today’s difficult economy, lots of terrible things can happen. One of these is getting laid off or fired from a job when you didn’t do anything wrong. People forced into this position want to know what options they have available to them and how to proceed with getting their lives back on track.
There is something called a wrongful termination claim that you can bring against an employer if you feel you were let go for the wrong reasons. Compensation for a wrongful termination can come in the form of money settlements, severance pay, and other forms of payment as well.
First off, let’s take a closer look at what a wrongful termination case is. Most wrongfully terminated people are let go from their jobs because of an illegal circumstance. Here are some of the reasons people are illegally terminated.
1. Discrimination
Discrimination is a common reason for firing someone, as illegal as it may be. Many people are fired because of their race, country of origin, gender, or sexual preference.
2. Sexual Harassment
Sexual harassment is also very common in the workplace and is a major reason why many female employees get fired. It’s very illegal to sexually harass an employee, and if the employee turns down your advances, you aren’t able to fire them for this. People who get fired for refusing the sexual advances of their boss can find legal recourse through a wrongful termination suit.
3. Violation Of Written Or Oral Agreements
Written and oral agreements can make or break a business deal. When an employee makes a written or oral agreement with an employer, the said employer is not allowed to break the agreement without just cause. If an employee is wrongfully terminated as a result of the violation of a written or oral agreement, then that person can take recourse through a wrongful termination claim.
As an example, an employer is not allowed to call after 8:00 PM. The employer calls anyway and violates the written agreement stating that he or she can’t call after 8:00 PM. The employer gets upset and fires the employee, unjustly. This is a prime example of wrongful termination.
4. Employee Complaints Taken Out Of Context
When an employer fires an employee over a complaint the employee filed, this is against the law. Complaints are generally supposed to be taken into consideration by an employer in order to come to a reasonable decision about how to handle the problem. When an employer gets “upset” because of a complaint and fires an employee, that employee has legal recourse to file a wrongful termination suit.
Lost wages and other expenses can add up quickly, and if you feel you’ve been fired wrongly according to the law, then you have every right to seek compensation for this.
5. Severance Packages
A severance package can sometimes be better than filing charges against an employer in court. If you choose to settle out of court, then you may decide that a severance package is in your best interest to pursue. In wrongful termination cases, severance packages are often the best alternative to long drawn out court proceedings.
Severance pay, damages, and unemployment compensation can be yours if you’re fired for unlawful reasons. The right attorney can make things happen for you and get you the compensation you deserve.
If you decide to seek monetary damages against an employer, here is some information that will help things along.
If you feel negatively towards the employer, try to ignore these feelings as they will only serve to hinder your case. Ignore any ill will you have and try to conduct yourself in a professional manner. Contacting a civil rights attorney will give you the option of having representation and legal advice in court. If you have an employee contract, then be sure you go over it and find out what laws have been violated before you file suit. Ask for a written explanation as to why you were fired in the first place.
If an employer made you verbal or written promises, then be prepared to produce these for the court proceedings. If you are in possession of company property, then be sure to return it promptly. If there is any intimidation involved, tell your attorney about it. They will work with law enforcement to ensure that any harassment is stopped.
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