Signs you’ve Been Wrongfully Terminated
Being called into your boss's office is one of the most disagreeable experiences in space-age adult life. It births a hollow sensation in the pit of your stomach and the lore that something unpleasant will happen. Many individuals have been fired or laid off in their professions. However, even though it is frequent, being let go is an immensely nerve-wracking experience that's made worse by looking for a new job while being financially pressed and feeling down in confidence.
There is a possibility things may go south even if you have a healthy relationship with your boss, and you may be wrongfully terminated. If this happens to you, it's essential that you understand your rights and what to do next.
The Breach of Contract:
Remember the contract you joyfully signed when you first joined the company? Yea, the one which you read with a fine-toothed comb before signing. In the case you're wrongfully terminated, this document is going to be your best friend.
If you have an employment contract, your employer must follow the specific procedures stipulated in this document when terminating your position. If they don't adhere to what's been established and fire you on a whim, they may be in breach of contract. It is a severe offense, and if you can prove it in court with the help of unfair dismissal lawyers, you may receive financial compensation for damages.
You Were Discriminated Against:
Unfortunately, despite how progressive and forward-thinking our society has become, some workplaces still choose to operate in the dark when it comes to diversity. Harassment, bullying, and discrimination should never be tolerated in the workplace. That being said, discrimination is still rampant in many workplaces across the globe. Suppose you were let go because of your race, religion, gender identity, or sexual orientation. In that case, this qualifies as discrimination, and it's illegal.
You have an option of taking your case to an employment committee, but you should speak with a lawyer before proceeding any further. If you've been the victim of workplace prejudice and are searching for guidance on filing a lawsuit against your previous employer in search of justice and compensation, we recommend consulting with a professional attorney.
You Were Defamed:
Defamation is an untrue statement communicated to a third person and has caused damage to your reputation. If you were the subject of such defamation, whether it was in written form, spoken, or via email or social media, and it resulted in you being wrongfully terminated, then you may have a case.
You will need to prove that the statements made about you were false and that you suffered damages due to the defamation. It may be tough to do, but if you can prove that the claims were made and that they are false, you might be able to bring a successful defamation lawsuit against your former employer.
You Were Falsely Accused of a Crime:
When an honest man's integrity is questioned, it feels like a cold dagger has been thrust into their back. If you've done nothing wrong and have been accused of a crime – whether it's a white-collar crime or not – and have been wrongfully terminated, you may have a valid reason to file a case.
You will, of course, need to be able to prove your innocence, but if you can do that, you may have a chance of taking your former employer to court and receiving compensation for the damages they've caused you. Keep recordings, document everything, and reach out to an attorney as soon as possible if you find yourself in this horrendous situation.
You Were Fired After Whistle-blowing:
According to studies, close to 40 percent of employees who have been wrongfully terminated were let go because they reported some form of wrongdoing in the workplace. Whether it's harassment, discrimination, or criminal activity, if you report it and are subsequently fired, stand your grounds and take your former employer to court.
If you're working for a firm that fires whistle-blowers, be aware that you have legal options. You can pursue your case in court or go to the Equal Employment Opportunity Commission if you believe you've been fired for blowing the whistle.
How to Prove Wrongful Termination?
In some situations, you may have a good case to argue that you were unjustly dismissed. For example, if your employer has a track record of unlawful behavior or emails or recordings that suggest you were defamed, you might have a decent chance.
However, proving your innocence in instances of false allegations may be difficult. In such situations, you must present evidence that you are not culpable for the accusations against you. It may include character witnesses, recordings, employee performance reviews, or emails.
Most importantly, without an experienced attorney by your side, it will be complicated to prove that you were wrongfully terminated – no matter how clear it may seem to you.
Filing a Complaint:
You should act quickly to file a complaint after establishing that your employer unlawfully dismissed you. In preparation for negotiations or a hearing, you should also know what relief is available to you.
For instance, in cases of defamation, you may be able to receive damages for the lost earnings and emotional distress caused by the defamatory statements. You may also receive punitive damages if the court finds that your employer's actions were malicious or done to cause harm.
Deadlines to Consider:
Each state has different deadlines, known as the statute of limitations, for filing a wrongful termination case. It is essential to be aware of these deadlines because you will most likely be barred from taking any legal action if you miss them.
For instance, in California, the deadline for filing a wrongful termination case is two years from the date of firing. In New York, the deadline is three years, whereas it is four years in Florida.
Ending Note:
It may be difficult to pick up the pieces after losing a job and struggling to make ends meet. But if you've been wrongfully terminated, know that you have legal help and options available. Remember, justice never comes easy, but it's always worth fighting for.