Many countries have employment-at-will as the standard, allowing employers to remove or demote an employee at any time. However, local laws of the state prohibit this in several circumstances.
No employer would ever want to admit firing an employee illegally. If you’ve been recently removed from your job and want to claim wrongful termination, it might turn out to be rather tricky.
Document your employment
When it comes to claiming the termination legally, you will require all your employment records to be documented. Although the law acknowledges verbal correspondences, it is always safer to keep a hardcopy to substantiate your claims.
The documents of your employment may include employment agreement or contract, union roll register, paycheck, termination notice if it was given in print, and any other documents that are relevant to your employment.
Make a timeline of events
While you’re preparing for a claim against your employer, you need to remember that your removal from the company isn’t an isolated event. It is crucial to write down minute details of the events preceding your termination. Ensure that you don’t delay this step as you’d end up forgetting a lot of details, making it harder for you to claim.
Don’t forget to include data associated with your job performances, feedback mails, positive reviews, etc. You could also mention the names of people that you think could be directly or indirectly related to your case.
Assess if any laws were broken
Several centralized, as well as local laws, prohibit adverse employer activities and discrimination under certain circumstances. This is to ensure that workplaces are secular and to maintain general harmony.
If you have the slightest feeling that your termination could have its roots in discrimination of some form, it shouldn’t be too tedious to prove your claim. All kinds of discrimination, including those based on age, gender, pregnancy, race, breach of contract, are strongly discouraged.
Harassment at the workplace is one step up and has strict laws against it. No organization should fire an employee based upon any discrimination. Circumstances, where the employer or anybody from the upper hand has passed derogatory comments regarding your age, sex, race, etc. followed by your termination, can strengthen your wrongful termination claim.
Other fields covered by the law include sexual harassment or even uninvited sexual or romantic approaches by your employer.
Get yourself an attorney
In any case, if you’ve been wrongly removed from your job, you are entitled to compensation, and an attorney could be of help. Wagoner Law Firm has a group of experienced professionals who can not only discuss and investigate your case but also bring you the rightful outcomes.
It might not seem necessary to hire an attorney, but you need to remember the fact that your employer is a more significant entity with a reliable legal backup. With no legal representation from your end, you have a high chance of losing the claim. Therefore, it is strongly recommended that you discuss your immediate circumstances with an employment law attorney and only then proceed further.