Wrongful termination can change an individual’s life drastically in no time. It not only results in the loss of stable income but also the loss of professional reputation that may have taken many years to build.
It is important, however, for everyone to know that an employee can’t be fired by an employer for just any reason. If the job termination is done illegally, this is referred to as wrongful termination. In some instances, wrongful termination lawsuits may create an opportunity for the employee to get back his or her job. However, by that time, the person’s relationship with the employer may not leave a scope for going back to the same workplace. In the case of wrongful termination, the victim is entitled to receive compensation for lost income, back pay, and emotional distress.
Wrongful termination can be done by employers in many different ways. Some common forms of unlawfully dismissing an employee are mentioned below.
- Breach of contract: If there is an agreement between the employee and the employer mentioning that the employee can only be fired for a cause, termination without adequate and valid reasons is considered to be a wrongful act.
- Medical or family leave: If the employee is fired for taking protected leave, a wrongful termination has been committed by the employer.
- Retaliatory Dismissal: If the employer violates a law and it is reported by an employee, the employer cannot retaliate by terminating the employee.
- Discriminatory Practices: Any termination of employment based on gender, race, age, sex, disability, etc. are considered to be unlawful.
Tips for a Successful Wrongful Termination Lawsuit
Please remember that prior to filing a wrongful termination lawsuit, it is necessary to obtain a right-to-sue notice from any of the governing bodies such as the Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). Once this notice is obtained, you will have to legally establish that there were one or more unlawful reasons behind your termination. Start collecting as much evidence as you can to do this.
- First and foremost, try to obtain a termination notice from the employer. This is essentially a document that clearly outlines the exact reason why a particular employee was dismissed. After receiving this document, you can figure out whether the employer is hiding the actual reason for your termination.
- Maintain a work diary for keeping track of all instances where you were discriminated against, retaliated against, or adversely treated in any other way. Along with concise descriptions of what happened, don’t forget to include the parties involved and dates.
- Send a written notice to the employer asking for your personnel records. The employer is legally bound to comply with your request.
- Finally, it is time for you to figure out whether you have been fired by the employer for illegal reasons. Due to the confusing and convoluted nature of the employment laws, it may be difficult for you to make any headway into this. Therefore, it makes sense to engage a skilled lawyer at this stage. Try to hire someone with a great reputation in handling cases related to employment laws.
Types of Recoverable Compensations
- Front Pay: This form of compensation comprises of the amount you should have earned from your employment between the official termination date and the date of judgment.
- Back Pay: You may also be entitled to receive back pay, which refers to the amount you may have earned including actual wages and overtime, had you not been terminated.
- Emotional Distress: Needless to mention, all instances of wrongful termination cause significant emotional distress. Depending on the case precedent, you may receive monetary compensation for your damages, even if they are not physical in nature.
- Benefits: The court of law may also provide you compensation based on the benefits you may have received, had you not been dismissed.
