Did you know that, according to a study from the Center for American Progress (CAP), approximately one in five workers in the US have experienced wrongful termination at some point in their careers? In 2024, the Equal Employment Opportunity Commission (EEOC) filed 110 lawsuits, including cases involving wrongful termination.
Wrongful termination lawyer Marcelo Dieguez strongly advises individuals who have been illegally dismissed to consult a lawyer to know their legal options and clarify their case.
This article will show you what steps to take after being wrongfully terminated and how a lawyer can help you address the situation.
Understand Your Rights
Several employment laws protect employees from wrongful termination. Knowledge of these policies will help you empower you to take action when an illegal dismissal occurs.
Companies can dismiss employees for any reason, as long as it is not discrimination or retaliation. Consult an attorney if you suspect your firing was related to your race, gender, age, physical condition, or other protected status.
Federal statutes like the Civil Rights Act and Americans with Disabilities Act can help you pursue legal action against your employer. Researching your state’s laws is advised. Several states allow wrongful firing claims, either for retaliation or workers’ compensation.
Gather Evidence and Documentation
You need proof and documents to support your claim. Collect the initial contract, performance assessments, and paystubs. These documents will show your employment history and assess work performance.
Gather correspondence, including emails, letters, or texts from your employer, highlighting the reasons for your termination. Notes related to your career or work performance are important and can serve as additional evidence to your claim.
Witness statements from colleagues can strengthen your case. If you can, ask for permission to record their experiences about the unfair treatment they saw.
Establish a timeline of events leading up to your firing. Include all details that might impact your rights, such as dates, times, and relevant information. An organized evidence heavily affects the outcome of a case.
Consult With an Employment Lawyer
An employment lawyer familiar with wrongful termination laws should handle your case. Prepare to bring all your relevant documents and evidence during your scheduled consultation. Your lawyer will use the evidence you have gathered to develop a course of action suitable to the situation. They will explain your statutory rights and the remedies that an effective case could provide.
Wrongful termination lawyers can assess your case’s strengths and weaknesses. They will provide information regarding potential outcomes of the case.
Explore Your Legal Options
It is important to understand local state laws about wrongful termination, as they can vary depending on where you live.
Aside from suing, mediation or arbitration may help you resolve your dispute without litigation. Less adversarial settlements may speed up resolution. Discussing those approaches’ downsides in relation to your claim with your attorney is recommended.
If necessary, you should make a complaint with relevant government agencies, such as the Equal Employment Opportunity Commission (EEOC). The agency can help you protect your rights in the workplace.
Prepare for Potential Outcomes
Thinking about what might happen after your unfair firing can help you come up with a plan and decide what steps to take next.
Check if reinstatement is possible. Think if you could still handle a return to your work. Evaluate the implications of returning and consult your lawyer to ask for advice.
Consider a financial settlement. You may negotiate with your employer or go to court. Examine the possible outcomes and how they will impact your finances.
The process can psychologically affect you. Seek the support of your family and friends to reduce stress. A mental health professional may give you a more specialized treatment.
Be patient since legal processes are often drawn out.
Maintain communications with your attorney as you explore these options. He/she can explain all these complications and assist you in determining which steps to take based on your preferences.
