Wrongful termination is the worst nightmare you may face as an employee. You can imagine the stress and pain of losing your job unexpectedly without a valid reason. Fortunately, you can counter your employer’s move by enforcing your legal rights as an employee. The American employment law protects employees against wrongful termination and even entitles them to compensation for damages. However, you must understand the nitty-gritty of the law to enforce your rights as an employee. Here are a few valuable legal tips for dealing with wrongful termination.
Understand the concept
You must understand the concept of wrongful termination in the first place before seeking legal recourse. Essentially, it should be illegal to qualify as wrongful. For example, your employer may have fired you as a discriminatory action because of your race, sexual orientation, or beliefs. You may also lodge a complaint if they sent you home as a retaliatory measure for shedding light on their wrongdoing as a whistleblower. Anything that goes against the law gives you a legal right to claim compensation.
Document everything about your termination
Proving facts is a crucial aspect of a lawsuit, so you must have valid evidence to establish illegal termination. Written documentation of statements can strengthen your claim and serve as robust evidence in court. You can even document a comment with details such as the place, time, and names of witnesses who were present. Your layoff notice, performance reviews, employment contract, and pay stubs can also be crucial to proving facts in court.
Hire an employment lawyer
Although the employment law protects the rights of employees, it can be complex on the ground. Moreover, state-specific laws can add to the complexities of the case. You must check the best CA employment lawyers to bring up a claim in California. Look for an expert with relevant experience and an excellent track document, as you have a better chance of getting a favorable verdict. Going complacent with legal expertise is the last thing you should do because your employer will have a robust defense plan.
File a complaint with the appropriate authority
Another legal tip to make the most of your wrongful termination claim is to file a complaint with the appropriate authority. The choice of the regulatory authority depends on the reason for termination. You must file with the Equal Employment Opportunity Commission (EEOC) to deal with discrimination, retaliation, or harassment. Whistleblower complaints go to the US Department of Labor. Likewise, the Occupational Safety and Health Administration (OSHA) is the right place to file a complaint if your employer terminates you for reporting unsafe work practices. Your legal expert is the best person to guide you in this context.
Maintain your composure
Although you have good chances of getting justice against wrongful termination, the situation can be stressful. Nothing sounds worse than losing a job because it has financial, personal, and professional implications. The situation can also affect your mental well-being and cause issues such as anxiety and depression. You must maintain your composure and handle the situation calmly and prudently. Let your lawyer take care of things instead of confronting your employer.
The best way to deal with wrongful termination is to claim your right legally. You can rely on these tips to seek justice and get a favorable verdict from the court.
