What is Wrongful Termination?
When you hear about someone getting wrongfully fired, you may wonder what that really means. When is a termination considered wrongful? How do you know whether your termination falls into this category?
The main thing to keep in mind about wrongful termination cases is that the law limits the reasons for which an employee can be terminated in any industry. For instance, it would be illegal to fire someone based on their race, age, gender or a disability. If you can prove that your firing was illegal for any of those reasons, then you can move forward with your claim for wrongful termination.
The most common illegal termination claims involve cases of employment discrimination. If you were fired from your job because of your race , gender, religion, age, disability, pregnancy or genetic information, then you may be a victim of illegal termination.
Illegal termination claims involve an employer that violates labor laws with an employee when ending their employment. For example, it would be a violation to fire someone not just for their age, but specifically for turning 40, which is the upper limit of age discrimination rulings. If you experienced adverse action in response to any of these allegations, it could be considered workplace discrimination and unlawful termination.
Collecting Evidence for Your Case
Gathering evidence for your case
When facing a wrongful termination, having strong evidence to support your case is essential. Evidence in these cases can come in many forms. A few examples of evidence you may want to consider gathering include:
An employment contract. If you have a formal contract with your employer, you may want to review the agreement to determine if the terms as indicated in the document were followed and if they specifically prohibited termination under the circumstances you faced.
Any communication made between your employer and employees that is related to your termination. This evidence can help you show discrimination or harassment if it is present in communication records. Texts, emails, and voicemails may be able to be obtained from employers and can help you gain additional evidence if they are not destroyed by the company.
Witness statements. Other employees may have experienced a similar situation with the company or may have witnessed how you were treated. Having statements from these individuals can not only help to show that your treatment was similar to that of other employees, but it may also help to show a pattern of bad behavior on behalf of your employer.
It is important to remember that your words are not always enough to support your case. Taking the time to gather as much evidence as possible can help you feel more confident in your case and can help support your allegation against the company for wrongful termination.
Speaking with an Employment Attorney
When considering legal action against a company, speaking with an employment lawyer is essential. However, not every employment attorney specializes in wrongful termination cases, so it’s crucial to ask for their credentials first. Those who work within this area of law are able to provide you with rights and information on what to expect through the process. Thousands of Americans are wrongfully terminated each year, but few bother to file a claim or lawsuit because the process seems so long and complicated. Yet, if you have been a victim of unlawful termination, it is worth your time to learn about your rights so you can pursue compensation.
At the initial consultation, you will be asked to discuss your work history and the reasons for your termination. You should also provide your lawyer with any documentation in your possession, including your pay stubs, copies of performance reviews, and employee handbooks. It’s important to keep thorough records in the event that you decide to file a claim.
Filing a Complaint with Appropriate Government Offices
After filing an internal complaint with your employer and receiving no resolution that you are satisfied with, or after receiving a satisfactory response but continuing to feel that resolution was provided in bad faith or without sufficient care, you have upgraded to the nuclear option – filing complaints with both your relevant state labor board and the federal Equal Employment Opportunity Commission. The next steps will be similar, overall, but the state and federal labor boards each have different procedures.
Filing with the Equal Employment Opportunity Commission (EEOC) If you believe you have been terminated due to unlawful discrimination, or were subjected to harassment that created a hostile work environment that you reported and were fired for, and will be suing your employer for wrongful termination, it will be necessary for you to file an EEOC charge. The EEO will assign your case a number, and send your employment all correspondence they receive in response, such as an answer, written report, or settlement offer. In general the EEOC charge process is about six months from start to finish. For EEOC claims and charges, since you will be filing a federal action, there is no requirement that you seek resolution through internal company grievance policies. Therefore, do not be concerned if you believe your prior company have an internal investigative procedure for EEOC claims. You may also elect not to follow this procedure if you reasonably believe it is futile or will only cause your employer to retaliate against you. Under these circumstances you are doing no more than following your legal right.
Filing with the State Labor Board State offices vary in procedure, but you are likely required to file a claim with a state labor board. If the claim proceeds, a fact-finding process will be described to you. There may be depositions and hearings, and many differing procedural requirements. You should refer to your state labor board for more information. It is crucial that you filed your charge within the timely limitations for your state and the federal Equal Employment Opportunity Commission (EEOC) office you choose. Generally claims must be filed within 180 days of the alleged problem occurring. However, some states extend this period up to 300 days. For example, lead cases under Title VII or the Age Discrimination in Employment Act (ADEA) are filed with the EEOC nationwide, and must be filed within 180 days. However, if you have also filed with a state or local anti-discrimination agency, the filing time frame is extended to 300 days. You will also generally have to file a separate charge with the state labor board. Each state varies in its filing requirements, but a common timeframe for charge filing with your state is within one year of the alleged issue. Finally, while there are no requirements to file an internal grievance procedure with your company before filing a charge, you are recommended to attempt to go through any available internal process to show a good faith effort to resolve the issue. However, if you are later terminated you may not be able to return to your current employer to attend an internal review.
Filing a Lawsuit Following the relevant state and federal waiting periods for charge filing, there should be no hurdle for filing a lawsuit in a relevant court if resolution is not reached. To be prepared, it is best to reach out to an employment lawyer now, rather than waiting until the last minute to make a claim.
Bringing a Lawsuit against the Company
After an employee makes a claim of wrongful termination, as in a lawsuit filed with the EEOC, Fair Employment and Housing Department or whatever state agency was appropriate for the circumstances of the case, the next step is usually taking the claim to court. To file a lawsuit, the employee must carefully choose where to file. Most lawsuits for wrongful termination are filed either in the state superior court, or in federal court if an employee was fired from a federally funded organization, such as a hospital, or under certain other circumstances, such as if the employee received federal benefits, such as defense workers compensation, or was a US. citizen employed abroad by a government agency.
There are many different courts in California, and the new California e-Court system can help an employee determine where to file. Counties are divided by city and region , so an employee should file his or her complaint in the county Superior Court that serves their home base area, but should also check out the e- court system to determine the best place.
After filing the suit, the process can be complicated. An employee may want to ask for a lawyer to help them through the case, perhaps a contingency lawyer, or perhaps a lawyer through legal-aid. Be prepared for document requests and watching the defense. Responding to interrogatories and questions, as well as preparing a case will take time. After a while, the case will go to arbitration, perhaps before or perhaps after the filing of a lawsuit, and not every case goes to arbitration. Arbitration may produce a settlement, or it may go to a verdict, which is basically what you might get in court.
Possible Outcomes and Remedies
When an employee successfully sues a company for wrongful termination, the potential outcomes and remedies can vary based on the specific circumstances of the case and applicable laws. Generally, there are several notable remedies that may be awarded to the employee:
- Reinstatement: In some cases, the court may order the company to reinstate the employee to their previous position or a comparable one within the organization. Reinstatement is more likely when the evidence of wrongful termination is clear and convincing.
- Compensatory Damages: Compensatory damages seek to put the employee in the same position they would have been in had they not been wrongfully terminated. This may include back pay (lost wages up to the date of trial), lost future earnings, out-of-pocket expenses such as medical bills, and damages for emotional distress.
- Punitive Damages: Punitive damages may be awarded to punish the company for particularly egregious or reckless behavior. The amount of punitive damages is typically left to the discretion of the court or jury and is intended to set a precedent and discourage similar conduct in the future.
- Attorneys’ Fees and Costs: Many wrongful termination statutes allow for the recovery of attorneys’ fees and costs associated with pursuing the lawsuit.
- Injunctive Relief: In some cases, a court may require the company to take corrective action to prevent future occurrences of wrongful termination, such as training supervisors and managers on employment discrimination and best practices for handling employee grievances.
It is worth noting that the potential outcome and remedies can vary significantly depending on applicable state and federal laws, as well as the facts of the case. As a result, it is important for employees who believe they have been wrongfully terminated to speak with experienced employment law attorneys to understand their rights and potential options.
Preventing Future Instances of Wrongful Termination
To avoid wrongful termination, employees should familiarize themselves with the laws and regulations that protect their rights in the workplace. Seeking education on the topics of workplace harassment and discrimination, the rights of employees, and workplace safety can help employees stay up-to-date on the protections afforded to them under Arizona law. If an employee is dismissed, or decided to leave employment on his/her own, understanding their rights under Separation Agreements in Arizona can help ensure both parties know what is expected of them after the employment ends. When reviewing the legality of a termination , the employer’s likelihood of success is often measured by their documentation of the employment. Maintaining thorough records of employment from the start of employment through the termination of employment can help safeguard employees against wrongful termination litigation. Documents including precise job descriptions, employee handbooks, employee evaluations, disciplinary forms, warnings, and time-keeping records can help show the employer’s business interest in an employee’s job performance.