Wrongful Termination Claims
If you have been laid off or fired recently, and believe that you may have lost your job for an unlawful reason, you may have a right to bring a claim for wrongful termination against your former employer. Legal remedies that may be available to you include money damages and, if you haven't been officially released yet, negotiation for an appropriate severance package that includes adequate compensation.
What Makes a Termination "Wrongful"?
The term "wrongful termination" means that an employer has fired or laid off an employee for illegal reasons in the eyes of the law. Illegal reasons for termination include:
- Firing in violation of federal and state anti-discrimination laws;
- Firing as a form of sexual harassment;
- Firing in violation of oral and written employment agreements;
- Firing in violation of labor laws, including collective bargaining laws; and
- Firing in retaliation for the employee's having filed a complaint or claim against the employer.
Some of these violations carry statutory penalties, while others will result in the employer's payment of damages based on the terminated employee's lost wages and other expenses. Certain wrongful termination cases may raise the possibility that the employer pay punitive damages to the terminated employee, while other cases may carry the prospect of holding more than one wrongdoer responsible for damages.
Tips that Can Help
The following steps may help you improve your position if you have been fired.
- Don't act on any negative instincts against your employer.
- Contact an employees' rights lawyer for advice and representation.
- If you have an employment contract, become familiar with the provisions of the agreement.
- Inquire about the reasons for your termination.
- Find out who decided to fire you.
- Request to view your personnel file.
- Review promises made by your employer and gather evidence of those promises.
- Request and negotiate a severance package.
- Confirm all agreements regarding your termination and severance in writing.
- Do not allow yourself to be intimidated.
- Return all company property and follow any other common post-employment procedures.
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