It feels sad to get fired irrespective of the way one gets fired. Of course, there are laws to protect wrongful termination but one has to be under a union contract to avail that. But not all hope is lost for those who don’t belong to a union. In fact, there are many federal laws that protect all sorts of illegal termination.
Here’s How To Know You’re Wrongfully Terminated:
1. Violation Of Terms And Conditions By Your Employer
Getting a job implies that you and your employer are bonded by a contract. There is a case of wrongful termination in case you get fired before the timeframe of your contract. Of course, this applies in the event of you being fired for an invalid reason.
2. You Faced Discrimination At The Workplace
In case of a person getting fired based on her race, gender, orientation, age, physically challenged, country, anti-discrimination laws can be availed for justice. Also, termination for illegal reasons includes marital status, pregnancy, or personal beliefs. Actually, these laws mandate employers to maintain good records so that they can prove that the said termination wasn’t discrimination based.
3. Faith And Fairness Was Broken
If you got fired for demanding a sales incentive, it would be considered as an act of breaking faith and fairness.
4. There Was A Violation Of Public Policy
Public policy allows you to avail leave for voting, spending time with your family, and so on, the same applies for refusing to commit an illegal act. Federal laws protect you from being fired for the aforementioned reasons. It gets a bit complicated for whistle-blowing but still, the law has got you covered.
5. An Act Of Retaliation Was Committed By The Employer
Raising safety concerns and demanding equal opportunity can’t be reasons for firing someone. Federal Occupation Safety and Health Act (OSHA) prevents an employer from doing that.
Steps To Be Taken In The Event Of Illegal Termination
1. Be Proactive
Always be on the lookout for possible, wrongful termination. Take notes, and keep details of correspondence. Forensic Notes, a file storage system might be of assistance.
2. Stay Calm
Keep calm and be in control of your emotions while you are getting terminated. Don’t give away the reasons that can be used to justify your termination. Be proactive and seek an attorney.
If research sounds too intense for you, let’s say gaining basic knowledge about how the employment laws work can be favorable to you. The state and federal laws on wrongful termination are easily accessible.
4. Everything Must Be Documented
Remember the events that caused this termination? Well, document it for legal proceedings. These documents may very well become important evidence during court proceedings.
5. Avail Legal Assistance
Approaching a lawyer may sound formidable, but there are lawyers out there whose area of expertise is employment-related cases. Many of them will be working for you on a contingency basis. this means you pay them after your claim has been settled.
6. Be Ready
Legal formalities can take longer to complete and a lot of twists and turns can be expected. You might all also be prepared to spend a lot of time and money. All this can take its toll emotionally and an attorney will offer clarity.
7. Utilize Forensic Notes
We recommend Forensic Notes for keeping the information and records safely to protect your integrity and authenticity. It is highly efficient and easily accessible.
As mentioned before, having a contract will be really helpful to build a strong case. But be rest assured that you got a case if you are terminated for reasons not mentioned in your contract document. Try to include every possible detail in your contract agreement so that if your rights are violated you can for sure claim your right in the court and it will be very easy for your lawyer to defend your case. You contract agreement should contain aids, reimbursement, provisions, property rights, roles and responsibilities, secrecy, employee rights, and termination protocols. Essentially, it should mandate under what conditions one can be terminated.
Go through your contract to ensure that you were indeed wrongfully terminated. If you are fired illegally according to your agreement, your personal files and handbooks might come in handy. Once you have the basic idea of the process, you can confidently approach a lawyer to see how you can deal with your employer.