Did you know that over 40% of Americans have been fired at least once in their career? Most of us will experience being told we are no longer needed at work or that the business has to take a different route. Even at-will states like California where employers have broad discretion to terminate employees, unlawful termination can still happen. In fact, wrongful termination is one of the most common types of employment lawsuits.

Proving that you were illegally terminated can be challenging, especially if you are on your own. Your words aren’t enough as proof so it is always in your best interest to know and understand your rights and recourse by consulting a qualified attorney. Here are the steps you can take to increase your chances of obtaining justice for your unjust termination.

Assess Employment Contract

The first thing to do is assess your employment contract to see if any terms were violated that led to your wrongful termination. Look closely at the clauses about termination, notice periods, and any specific reasons written as to why you can be fired. 

According to a wrongful termination lawyer in Orange County, reviewing your employment contract allows you to understand the terms and conditions of the contract. Your employer should follow the procedures that were indicated in the contract before terminating your employment. If you find that your employer didn’t follow the terms laid out in your contract, this could be a sign of wrongful termination.

If you believe that your employer breached the contract by terminating your employment, start gathering evidence, get legal advice to protect your rights, and explore ways for recourse.

Document Incidents and Communications

Keep detailed records of incidents and communications related to your employment to strengthen your case. Document any discriminatory actions, unfair treatment, or instances where you think your termination was unfair. 

Write down the dates, times, and details of specific incidents that support your claim. Then, keep copies of performance evaluations, emails, and other written communications that may be relevant to your case.

It’s important to maintain professionalism in all your documentation. Avoid changing or fabricating records, as this can hurt your credibility if you are found out. Be honest and accurate in your record-keeping to present a strong and truthful case.

Seek Legal Consultation

Consider reaching out to a legal professional to talk about your wrongful termination case and explore your legal options. Getting a legal consultation early on can help you find out the strength of your case and the possible paths forward. A knowledgeable employment attorney can help you understand your rights, assess the evidence you have gathered, and advise you on the best course of action.

When consulting with a legal professional, be sure to give them all relevant documentation, including any records of incidents, communications, performance reviews, and witness statements. This information will help the attorney evaluate the circumstances surrounding your termination and decide the most appropriate legal strategy to pursue.

A legal consultation can also help you understand the applicable employment laws in your jurisdiction and the possible remedies available to you. By talking about your case with a legal expert, you can make informed decisions about how to proceed and take steps towards seeking justice for wrongful termination.

File a Complaint With Relevant Authorities

If you believe you have been wrongfully terminated, your next step is to file a complaint with the relevant authorities to hold your employer accountable for their actions. Begin by identifying the appropriate government agency or department where you need to file your complaint. This could be the Equal Employment Opportunity Commission (EEOC), the Department of Labor, or a state-specific labor board. Filing a complaint with them is a formal way to resolve your wrongful termination and seek a resolution. 

When filing your complaint, include detailed information about the circumstances surrounding your termination and any relevant documentation, such as employment contracts, performance evaluations, and any communication that supports your claim of wrongful termination. Be prepared to explain why you believe your termination was unlawful, such as discrimination, retaliation, or a violation of labor laws.

Consider Alternative Dispute Resolution

Mediation or arbitration are efficient and cost-effective ways to resolve your wrongful termination dispute. These alternative dispute resolution methods offer a path to settling conflicts outside of court, saving you time and money.

• Mediation: This is where a neutral third party assists in negotiating a resolution between you and your former employer. It allows for open communication and control over the outcome.
• Arbitration: In it, a third party will make a decision after hearing both sides of the argument. Binding arbitration results in a decision that both parties must follow, while non-binding arbitration leaves room for further legal action if parties are unsatisfied with the outcome.

Alternative dispute resolution also offers benefits such as confidentiality, flexibility, and a faster resolution compared to a traditional lawsuit. Before proceeding, make sure you understand the terms of the mediation or arbitration process and get legal advice to handle this situation better.

Conclusion

If you suspect you were wrongfully terminated, it’s important to act quickly. Check your employment contract, document any incidents, and consult with a lawyer. Don’t hesitate to file a complaint with relevant authorities and consider alternative dispute resolution options.

Guest writer.

Editor’s Note: Employment and Labour Legislation differs from country to country. It is therefore advisable to consult a qualified legal practitioner in your country to determine the correct proceedings for your circumstances.