What to do after wrongful termination

January 27, 2020

in Firm News

Losing your job is often a very scary and frustrating situation. When you believe that your termination was for unjust reasons, the anger and pain may only increase. 

It is important to realize that you may be able to receive compensation for wrongful termination. If your former employer terminated you for unlawful reasons, you may be able to make a legal claim against them. 

Understanding your contract 

Companies usually have at-will employment contracts. This means that an employer can terminate an employee for a reason deemed appropriate without consequences. However, there are unlawful reasons that an employer may terminate an employee, and you may pursue legal action. 

Evaluating your case 

Understanding if you have a case for wrongful termination is the most important step. If the reasons behind an employer terminating you are suspicious and resemble any of the following, you may need to go forward with a case: 

  • Your employer fired you after learning of or commenting on your race, gender, age, sexual orientation or religious beliefs. 
  • Your employer violated an oral or written contract by terminating you. 
  • Your employer fired you after you filed a complaint against a supervisor. 

Facing retaliation in your case 

Employers may retaliate against employees for filing claims. If you reported company violations to your supervisors, colleagues or HR before losing your job, this may be an indication of wrongful termination. 

Supporting your cause with evidence 

After your termination, an employer may likely claim that they let you go due to performance issues. To support your claim of wrongful termination, it is important to provide evidence that shows your positive work performance. You may even want to request to view your personnel file. 

Useful evidence may include positive performance reviews, raises, promotions or other positive work correspondence, such as emails. Any evidence that shows an employer displaying dissimilar or unfair treatment may also be helpful documentation to bring forward in a case.