You’re an excellent worker. Your boss says so themselves.
But somehow, you’re now unemployed because the company is shutting down. This sounds wrong, doesn’t it? You have the right to be indignant.
If your company is closing down and you’ve been let go, you have grounds to sue for wrongful termination. What documentation should you keep to strengthen your case? These are the sorts of questions you want to consider to file for wrongful termination successfully.
To get you started, here are some things to consider. Let’s get started!
Discrimination or Retaliation
It is essential to understand the Civil Rights Act of 1964 to learn what employers and their employees may or may not do in terms of termination. This act prohibits termination based upon:
- race
- color
- religion
- sex
- national origin
- disability
When these grounds for termination are used, the employee may have recourse in the form of a wrongful termination lawsuit. In addition, retaliation is another basis for such a lawsuit.
This is when the termination is done in retaliation in an act of vengeance. However, strong evidence must be provided to substantiate the claim, as illegal termination of employment can be difficult to prove.
Breach of Contract
Legal action can be taken when a person believes their employer was in breach of contract. A person may consider taking legal action if:
- an employee was fired without fair warning
- their right to privacy was violated
- the employer has violated labor laws
To win such a case, the employee must show that the employer failed to abide by the terms of his or her contract. The employee should be able to provide documentation of the breach to be successful.
It’s important to discuss the situation with labor and employment lawyers to better understand the available options.
Violation of a Public Policy
Wrongful termination may be pursued when an employer unlawfully terminates an employee for reasons that violate a public policy. This includes grounds such as:
- reporting fraudulent activities
- exercising a legal right
- refusing to do something illegal
Additionally, employees need to be familiar with their local or federal labor laws. This will help determine if their termination violated a public policy.
Once proven, they will be awarded damages for any pay or benefits they lost due to the termination.
Fraud or False Accusation
Generally speaking, it is illegal to fire a worker due to a fraudulent or false accusation. In this case, an employee has the right to file a legal claim or lawsuit. Typical forms of this type of false accusation may include:
- misconduct
- sexual harassment
- failure to fulfill job duties
- false records regarding promotion or compensation
If an employer is found guilty, the employee may be able to receive restitution for lost wages and possibly even punitive damages.
When to Sue for Wrongful Termination?
Justice must be served when a person is terminated without a valid reason. If you have the grounds to sue for wrongful termination, go for it! This will give you a sense of closure and serve as a teaching moment for employers.
If you believe that you were wrongfully terminated, don’t suffer in silence. Contact a lawyer today!
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Lisa Eclesworth is a notable and influential lifestyle writer. She is a mom of two and a successful homemaker. She loves to cook and create beautiful projects with her family. She writes informative and fun articles that her readers love and enjoy.
