If you think that the reason for termination is not valid, the sudden loss of your job is really scary. You should always be mindful of the next correct step to take to avoid an inappropriate reaction. One of the best and most sure-fire ways that you can try is to talk to an employment law attorney.
What is the Unfair Termination concept?
Unfair dismissal (also known as wrongful or unlawful dismissal) occurs when your employer fires you in a manner that breaks your rights set out in the contract you agreed to, workplace law, or even just common ethics. This could include terminations based on discrimination, retaliation, or violating provisions of an employment contract. The first step to solving this dilemma is realizing if your dismissal was one of these. If you’re not sure, an employment law attorney can assess your case and help bring insight.
Reviewing Your Employment Contract
Your employment contract is a super important document in the lawfulness of whether you were terminated. Go through the terms carefully and pay special attention to clauses on termination, notice periods, and grounds for dismissal. A breach of these terms by your employer could strengthen the unfair treatment claim. The intricacies of contract interpretation will be better explained by an employment law attorney so that they can identify and assert your rights. The following are the ways to review your employment contract:
● Collect Incidence Data/Corroborative Evidence of Bias
You must preserve evidence each time you feel that your termination was wrongful. You should record emails, performance reviews, or any other exchange of words that will point against your case. As indicated earlier, if you were fired after lodging a complaint over harassment in your workplace, this points to one event of retaliation. A list of such events will work to your advantage in your appeal to an employment law attorney.
● Explore the Role of an Employment Law Attorney
An employment law attorney specializes in protecting employees’ rights within the workplace and is expertly conversant with even the most intricate labor laws. They can analyze your case and identify legal violations, then let you know the best course of action.
● Determine Whether Discrimination is a Factor
Wrongful termination typically occurs due to discrimination. If you feel your discharge happened because of race, sex, religion, age, or disability, you are likely to have a discrimination claim. There are different Federal laws that can even apply Title VII of the Civil Rights Act to ensure no such discrimination at the workplace level against employees.
Was Retaliation a Factor in Your Dismissal?
Retaliation is when an employer disciplines or punishes an employee because of reporting illegal workplace harassment or dangerous conditions. If there is a legitimate reason that can be proven that resulted in your being let go, this likely isn’t legal because it is considered retaliatory in nature. An employment law attorney can discuss your case with you to decide if that’s so and how you might best move forward in this matter.
Filing an Application for Wrongful Removal
You may file a formal complaint in order to have justice if you believe your dismissal is unjust. Based on the circumstances, you may either complain to the EEOC or directly file a suit against your employer. The employment law attorney will provide you with guidance in the preparation of a bundle of documents so that your case is made the strongest and most compelling it can be.
The Advantages of Seeking Mediation
There may also be times when mediation proves better than a lawsuit. Under the guidance of a neutral third party, you can negotiate with your employer. It generally brings faster and less adversarial solutions. Having an employment law attorney present during mediation could serve as an advantage, further ensuring that your interests are properly represented.
There are Various Kinds of Compensation
An unfair termination claim could potentially recover lost wages, emotional distress damages, and even punitive damages in egregious cases if you prevail. An employment law attorney will make an assessment of your case’s value and fight for every penny of available damages.
Common Mistakes to Avoid
It’s vital when handling unfair termination to avoid some of the common mistakes that may dilute your case:
- Impulsive action: Avoid being impulsive. Do not make decisions without careful consideration, like accepting a severance package without consulting an employment law attorney.
- Ignoring Deadlines: Filing claims and lawsuits come with hard deadlines. Missing these could mean losing your chances at taking the matter to court.
Staying away from all such situations and obtaining expert opinion shall further bolster the claim you place, hence more chances to win the case.
Conclusion
The situation is unbearable and can be very overwhelming to deal with when terminated unfairly. However, all that makes a difference in such situations is understanding one’s rights and taking the right actions. Remember, an employment law attorney like Marjorie Mesidor is your best bet for having all the expertise and support required to protect your rights and claim justice.