How To Win Wrongful Termination

If you’ve recently gone through wrongful dismissal, you might be wondering how you can win a wrongful termination case.

Proving wrongful termination can be tough because many employees work “at will,”.

This means that a worker and an employer can decide when to start and end employment without giving a reason.

To win a case, you must first show that your boss broke any state or federal laws involving discrimination, whistleblowing, or family & medical leave.

Read on to discover how to win wrongful termination cases/lawsuits.

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How to win a wrongful termination lawsuit
Source: liveabout

Types of Wrongful Termination Cases

Examples of wrongful termination cases include:

  • Race discrimination: If you’re fired because of your race or if you complain about racial harassment at work, that’s wrongful termination. Employers can’t fire you based on race or retaliate for complaints about race-related mistreatment.
  • Age discrimination: When employers target older workers and try to make them quit to hire younger ones, it’s age discrimination. Being fired due to age or refusal to accommodate age-related needs is discrimination.
  • Sexual harassment: You can’t be fired for being a victim of sexual harassment. If you report harassment and get fired, it’s wrongful termination. The law protects you from retaliation for reporting harassment.
  • FMLA violations: If you’re fired while on Family and Medical Leave Act (FMLA) leave, denied FMLA leave, or demoted during leave, it’s illegal. Employers can’t retaliate against you for taking FMLA leave.
  • Whistleblower retaliation: Reporting workplace problems like safety violations or OSHA issues and getting fired is retaliation and unlawful. You’re protected from firing for whistleblowing.
  • Contract violations: Reporting any type of contract violation can’t lead to firing. Retaliation for reporting breaches of contract falls under wrongful termination.
  • Wage and hour disputes: You can’t be fired for wage or scheduling disputes or reporting wage violations. Termination related to such disputes is wrongful.

How difficult is it to win a wrongful termination case?

It’s really hard if you don’t have enough solid proof.

Proving discrimination often comes down to what witnesses and both you and your employer say.

Without strong physical evidence, it’s basically your word against theirs.

Because of “at-will” employment, showing wrongful termination is tricky. “At-will” means either you or your boss can end the job without notice, as long as it’s not against the law.

Let’s say you get a better job offer. Even though it’s polite to give notice, you don’t have to under “at-will” employment.

Though “at-will” makes it tough, if your boss broke a state or federal law, you might have a case.

Title VII of the Civil Rights Act stops employers from discriminating based on things like race, gender, or disability.

Employers can’t fire you for things like race, gender, disability, or filing a complaint with the EEOC.

They also can’t force you to quit because of discrimination or harassment.

How to Win Wrongful Termination Cases

If you’re fired for any of these protected reasons, you may be able to file a wrongful termination claim. Here are some tips on how to win a wrongful termination case.

  1. Check Your Worker Status: Before claiming wrongful termination, understand if you’re an at-will employee or a contractor, as this influences termination rules. Your employment documents should clarify this.
  2. Understand Wrongful Termination: You can’t do much if fired for poor performance. However, if fired for specific illegal reasons, you might have a case. These illegal reasons include:
    • Discrimination: It’s illegal to fire someone based on religion, race, pregnancy, gender, disability, or age (over 40).
    • Whistleblowing: Laws like the False Claims Act protect employees who report employer misconduct from retaliation.
    • Family/Medical Leave: Eligible employees can take up to 12 weeks off for medical reasons without fear of losing their job.
  1. Collect Solid Evidence: It’s important to have proof that supports your claim, regardless of the specific protected reason for your termination. Key evidence includes eyewitness accounts of the events leading to your firing and any communications, like texts or emails, that show why you were let go.
  2. Document Your Losses: Keep a detailed record of the wages you’re owed, as these will be part of your claim. If you’ve suffered significant emotional distress, you might be able to claim its monetary value. A doctor’s report can support this. Also, remember to include your lawyer’s fees in your claim.
  3. Hire an Expert: An employment lawyer can help collect evidence and argue your wrongful termination case. Moreover, it’s recommended to get a legal professional to review your situation.

How to Report Wrongful Termination

There are two main ways to report wrongful termination: through the EEOC or your state’s agency.

When you file a complaint, you need to back it up with evidence like:

  • Proof of your job status (like pay stubs or contracts)
  • Documents showing your workplace rules
  • Any past performance reviews
  • Proof of lost wages
  • Evidence supporting your claim (like emails or witness statements)

Once you have the evidence, you can file online through the EEOC website or visit an EEOC office.

Additionally, if your state has its own agency, you can file there too.

Usually, you have up to 180 days from the date of termination to file. However, after filing, you have 90 days to start a lawsuit under federal law.

What can A Wrongful Termination Lawyer Help You Win? 

A wrongful termination lawyer helps you navigate the claim process, ensuring you file on time and with the right evidence.

They will review your case details, help gather supporting evidence, and negotiate a settlement with your employer.

Additionally, if needed, the lawyer will represent you in court to fight for your rights and aim to get you the compensation you deserve for being wrongfully fired.

Frequently Asked Questions on Winning Wrongful Termination Lawsuits

  • How Hard is it to Win?

Winning is tough. You need solid proof and witnesses to show your employer acted illegally.

  • How Can I Defend Myself?

Gather all your work records, note any discrimination, and talk to a lawyer.

  • What Should I Do if I’m Unfairly Fired?

Stay calm, gather evidence like emails, and get legal help.

Summary

Winning a wrongful dismissal case can be somewhat difficult. 

Nonetheless, with the right evidence and legal support, it’s possible to win a wrongful termination case and achieve justice.

Remember to gather all relevant evidence in the form of documents, such as employment contracts and performance reviews.

Furthermore, seek advice from an experienced employment attorney, since it increases your chances of winning.

Always stay determined, focused, and don’t fear to stand up for your rights in the face of unfair treatment.

With patience and the right strategy, you can increase your chances of success in fighting wrongful termination.

@attorneyryan

How to WIN a wrongful termination case

♬ original sound – Attorney Ryan

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