When an employer does not follow the law while dismissing an employee, it could be considered wrongful termination. Both the employer and employee are bound by the employment contract, and firing the employee must follow this agreement. If you are a victim of wrongful termination, there are a few things you can do to get compensation.
Lawyer up
If an employer breaches your employment contract by firing you without adequate notice and warnings, you should call a civil rights attorney in Fresno. While the process may differ slightly for companies, you are entitled to a verbal warning and a written warning before an employer can fire you.
Besides giving adequate notice, if your employer fires you in retaliation to your complaints about harassment in the workplace, you clearly have a case. Harassment, in this case, may mean verbal abuse by superiors. It doesn’t always have to be discriminatory to be considered wrongful termination.
Review the law
There are state and federal laws that govern employment contracts. These laws may differ from state to state. So, the first thing you should do is review the laws of your state to determine if you have a case. If you already have a lawyer, they will work on this with you.
To be certain that your termination was wrongful, you can request a detailed explanation from the company. Ask the HR for this information. Your lawyer will be able to ascertain if you have a case from the explanation they provide.
Also, you will need to provide your employment contract for your lawyer to review. Contracts can be tricky, but labor laws will be the ultimate determining factor in whether you have been wrongfully terminated.
Gather evidence
If you have further evidence that shows why you were let go wrongfully, you should gather it. This could be any proof of discrimination based on your race or gender, or even religion, among others. For instance, if an employer fires you so you won’t be paid while on maternity leave, you can provide evidence to back this up.
This evidence could include conversations and communication between you and your superiors. If you have photos or CCTV evidence, this will make it even better.
Check payable benefits
The contract stipulates specific benefits for employees after termination. It could mean that you’ll get a severance pay to cover your expenses for a while until you get a new job. Some companies may pay this severance package to prevent legal action against them, while others do not care.
In practice, most companies pay a severance package if an employee becomes redundant. Even if you do not receive severance pay, you can check your state provision for unemployment benefits. The payable amount differs per state, and you need to meet the eligibility requirements to be paid in some cases.
Wrongful termination can be heartbreaking, but it is not the end. You can initiate a case and receive compensation for your loss with a good civil rights lawyer.
