Do you believe a former employer wrongfully terminated you? The definition of wrongful termination is narrow, which means you should speak with an employment attorney to verify you received unlawful treatment in the workplace. An employment lawyer explains how you can prove you were wrongfully terminated.
In addition to an employment lawyer, how to report unfair treatment at work also involves contacting certain government agencies such as the Equal Employment Opportunity Commission (EEOC). Government agencies responsible for regulating labor issues can help victims of wrongful termination receive back pay and possibly other legal remedies.
How Can I Prove I Was Wrongfully Terminated?
Knowing how to prove a wrongful termination case starts by understanding what defines the unlawful act. Most states operate under the at-will employment model, which means employers and workers can end an employment relationship at any time, for any legally valid reason.
For example, your employer can fire you to reduce labor costs. You do not have to receive any advanced notice and your employer does not have to explain why you lost your job.
On the other hand, wrongful termination often involves an illegal act. Your employer cannot fire you because of your age, race, gender, and/or sexual orientation. Title VII of the Civil Rights Act of 1964 forbids discrimination in the workplace. Your employer also cannot terminate you as an act of retaliation.
For example, if you report workplace safety violations to the Occupational Safety and Health Administration (OSHA)., your employer cannot fire you in retaliation for being a whistleblower. If you signed an employment contract, your employer must follow the terms written into the contract that concern conditions of employment.
Who Should I Contact If I Have Been Fired Unjustly?
The first government department to contact to report a wrongful termination claim is the state office of labor. A representative from the state department of labor can explain the wrongful termination laws enacted at the state level, as well as verify whether you have a valid claim. After contacting the state department of labor, take your case to the federal level by contacting the EEOC.
The EEOC has established a workshare agreement with 46 states, which means filing a wrongful termination claim with the EEOC automatically gets your claim filed with the appropriate state agency. You schedule an appointment with a representative from the EEOC by visiting the federal government agency public portal.
When Should I Consider Contacting an Employment Lawyer?
If your former employer fired you for an unlawful reason, you might have a strong enough case to file a civil lawsuit that seeks monetary damages. Although the EEOC and your state department of labor can apply pressure to a former employer, an experienced employment attorney can help you receive just compensation for suffering from an act of wrongful termination.
Your legal counsel helps you gather and organize physical evidence, such as copies of your performance reviews and any paperwork that describes one or more illegal acts committed by your former employer. Contacting an employment lawyer helps prepare you for a civil trial, if your legal counsel feels a trial represents the best course of legal action.
Take action today by scheduling a free case evaluation with an employment attorney. You can use the form on this page to get connected with an independent, participating attorney who subscribes to the websites and takes cases in your area.
