Normally, if you are fired from your job, there is nothing you can do. Employment is at will and an employer can fire you at any time. However, there are some circumstances in which you can be fired from your job and might be able to take legal action against your employer. If you're not sure if this is the case, it's important to speak with a wrongful termination attorney about what you can possibly do.
Gathering Evidence
An attorney will instruct you to gather all of your employment documents so you can have evidence to prove that the termination of your employment was illegitimate. Documents are necessary because you need to prove that you were actually employed to be able to fight a case of wrongful termination. If you have an oral contract, you will at least need to have a written memo.
Common Reasons for Wrongful Termination
Discrimination, breach of contract, or unlawful retaliation can all be used as reasons to bring a wrongful termination lawsuit against an employer. For example, your employer might retaliate after you blow the whistle on the violation of important regulations.
Fleshing Out the Details
After you have been fired, you will want to write down as many details about your firing as possible. For example, you will want to write down any actions that occurred prior to you being fired. Write down anything that was said to you.
Performance Evaluations
Keep track of all your performance evaluations. If your employment is terminated despite having positive reviews, this can be a sign that you are the victim of wrongful termination. The positive reviews can be used as an example that there was an illegitimate reason for the termination such as the filing of a workers' compensation claim.
Winning Your Case
Find out who the individuals are who are involved in your wrongful termination. Make sure to write down all of their names and their current roles. Also, speak with all your coworkers about your termination. All of this information can be used by a lawyer specializing in wrongful termination to assist you in winning your case.
An attorney will inform you about your rights and will also perform research to help you build a strong case for why you deserve compensation for your wrongful termination. For example, they might gather other examples of discrimination carried out by your company. Your employer might be forced to compensate you or rehire you if that's what you want.
