Losing your job is a destabilizing and disorienting experience. Job loss also takes a heavy toll on your mental health, relationships, self-identity, and physical health. Not to mention the obvious financial uncertainty and its associated stress and anxiety. For most people, after they’ve been terminated from their job, the immediate reaction is “Now what do I do?”
In certain situations, your firing may be considered wrongful termination. In this guide, you’ll learn what illegal termination is, when you might have a case, and what to expect after filing a claim.
What is Wrongful Termination?
Most states are considered “at-will” states, meaning employees can leave whenever they want or be fired at their employer’s discretion. This does not count for employees who have a contract with their employer which will lay out the conditions under which an employee can leave or be terminated.
However, federal and state laws carve out exceptions to at-will employment to protect employees from being let go:
- Protected class membership (race, gender, religion, age, etc.)
- For starting or joining a union
- Reporting a hostile work environment or harassment
- Filing a complaint with HR
- Asserting their rights under the law
- Becoming pregnant or taking time off to care for an ill family member
- Any other reason covered by local or federal law
If you suspect you were fired for one of the reasons, there could be a case for a wrongful firing claim.
Gather Evidence for Your Claim
The first step in establishing an illegal termination claim is to gather evidence of when, why, and how you were let go:
- Emails, text messages, Slack or Teams messages, and internal memos
- Past performance reviews
- HR records including any complaints you’ve filed
- Your company’s employee handbook and any employee protection policies it may have
- Witness testimony that corroborates any verbal statements made by you, other employees, or management
- Your termination letter stating the reason for your firing
- Patterns of behavior that show others have been illegally terminated
You should also keep your own documentation of any statements or behaviors by your coworkers or management to record any signs of illegal firing. Signs include:
- Sudden changes in the way managers speak or act in the workplace
- Vaguely worded reasons for termination such as “poor communication” or “inconsistent explanation”
Find an Experienced Employment Attorney
Employment law is a complex subject, making it difficult for a layperson to understand their wrongful termination claim’s strength. Compounding this issue is the fact that, quite frankly, many companies don’t operate in good faith when it comes to firing people. A good employment lawyer will lead you through the details of evaluating your situation and moving forward with the legal process.
An experienced workplace attorney will understand relevant employment laws and how to apply them to the facts of your case. They will also know how to work within the legal system to force your company to comply with requests for records and other evidence.
Finally, your lawyer will negotiate a potential settlement with the company and advise you on your settlement options. Sometimes settling may be your best option, while sometimes that may mean continuing with the claim process.
Filing Your Claim
If you do decide to file a claim, your lawyer will understand the process and lead you through the best way forward. They will also know if your claim should be filed through the EEOC or with a civil court at the state or federal level. If your claim does reach court, your attorney will be an invaluable resource throughout the trial and will maximize the strength of your case.
For anyone fired for an illegal reason, the process of proving the claim and receiving justice is a daunting task. Employment law is complicated and can be opaque for anyone who’s not an attorney. If you think you’ve been wrongfully fired, consider reaching out to a skilled employment lawyer today to evaluate your case and decide on the best path forward.