What Action Should A Member Take If It Is Believed

What Action Should a Member Take If It Is Believed They Have Been Wrongfully Terminated?

Losing your job is never easy, but being wrongfully terminated can be particularly devastating. It leaves you not only unemployed but also feeling betrayed and violated. Understanding your rights and the proper steps to take is crucial in navigating this difficult situation. This article will guide you through the process of determining if your termination was wrongful, and what actions you should take to protect yourself.

Determining Wrongful Termination: Understanding the Basics

Before diving into potential actions, it's vital to understand what constitutes wrongful termination. The specifics vary by location and employment type (at-will, contract, etc.), but generally, wrongful termination occurs when an employer dismisses an employee for reasons that are illegal or violate an implied or explicit contract.

Common Types of Wrongful Termination:

• Breach of Contract: This occurs when an employer violates the terms of your employment contract, such as dismissing you without proper notice or failing to follow the established termination procedure. This is particularly relevant for employees with written contracts or union agreements.

• Discrimination: Federal and state laws prohibit discrimination based on protected characteristics like race, religion, gender, age, disability, national origin, and sexual orientation. If your termination was motivated by discriminatory factors, it's considered wrongful.

• Retaliation: Employers cannot retaliate against employees for engaging in protected activities such as whistleblowing (reporting illegal or unethical activities), filing a workers' compensation claim, or exercising their rights under employment laws.

• Wrongful Discharge in Violation of Public Policy: This broad category encompasses terminations that violate fundamental public policies, even in the absence of specific statutes. Examples include refusing to commit an illegal act or reporting illegal employer conduct.

Key Evidence to Gather:

Gathering strong evidence is paramount in proving wrongful termination. This evidence can significantly impact the success of any legal action you might pursue. Examples include:

• Employment Contract: A written contract clearly outlines the terms of your employment, including termination clauses. Any violation of these terms is crucial evidence.

• Performance Reviews: Positive performance reviews demonstrate your competence and contradict claims of poor performance as a reason for dismissal.

• Emails and Correspondence: Emails, letters, and other written communication between you and your employer may contain evidence supporting your case. Save everything.

• Witness Testimony: Colleagues or supervisors who witnessed unfair treatment or discriminatory actions can provide valuable testimony.

• Company Policies and Handbooks: These documents outline the employer's procedures and policies. Any deviation from these policies during your termination could indicate wrongful dismissal.

What Actions to Take After Wrongful Termination:

The steps you take immediately following your termination are crucial. Acting quickly and strategically can significantly improve your chances of a successful outcome.

1. Remain Calm and Document Everything:

The initial emotional response to wrongful termination is understandable. However, maintaining composure and meticulous documentation is critical. Keep a detailed record of everything related to your termination, including:

• Date and time of termination: Note the exact details of when and how you were informed of the termination.

• Reason for termination (as given by your employer): Record the employer's stated justification for your dismissal, even if you believe it's false.

• Names and contact information of witnesses: Record the names and contact information of anyone who witnessed your termination or any related events.

• Any documents received: Keep copies of all documents related to your termination, including your termination letter, final paycheck, and any severance agreements.

2. Review Your Employment Contract and Company Policies:

Carefully review your employment contract, employee handbook, and any other relevant documents to identify any clauses or policies that may have been violated during your termination. This review can help you determine the strength of your case.

3. Seek Legal Advice Immediately:

Consult with an experienced employment lawyer as soon as possible. They can assess the strength of your case, advise you on your legal options, and guide you through the legal process. Don't delay – many jurisdictions have statutes of limitations on filing lawsuits.

4. Consider Filing a Charge with the Equal Employment Opportunity Commission (EEOC) or a Similar Agency:

If you believe your termination was due to discrimination or retaliation, you should file a charge with the EEOC (in the United States) or a similar agency in your jurisdiction. This agency investigates claims of employment discrimination and can help you pursue legal action. Filing a charge usually needs to occur within a specific timeframe, so act promptly.

5. Negotiate a Severance Package (with Legal Counsel):

If possible, and with the advice of your lawyer, try to negotiate a severance package with your former employer. This package might include severance pay, benefits continuation, and other forms of compensation. However, never sign anything without first consulting your attorney.

6. Prepare for the Possibility of Litigation:

If negotiation fails, be prepared for the possibility of litigation. Your lawyer will guide you through the legal process, including gathering evidence, preparing your case, and representing you in court. This can be a lengthy and complex process, requiring patience and perseverance.

7. Maintain a Professional Demeanor:

Throughout the entire process, maintain a professional demeanor. Avoid engaging in negative or inflammatory communication with your former employer or colleagues. This will protect your reputation and strengthen your case.

8. Update Your Resume and Begin Your Job Search:

While pursuing legal action, it's crucial to start your job search. Update your resume and network with contacts to find new employment opportunities. This proactive approach demonstrates resilience and can significantly reduce the financial strain of unemployment.

Understanding the Potential Outcomes:

The outcome of a wrongful termination case can vary significantly depending on the specifics of your situation, the evidence available, and the jurisdiction in which you are filing your claim.

Potential Outcomes:

• Settlement: Many wrongful termination cases are resolved through settlements outside of court. This involves negotiating a financial agreement with your former employer to avoid the costs and uncertainties of litigation.

• Court Judgment: If a settlement cannot be reached, the case may proceed to trial. A judge or jury will then determine the outcome, potentially awarding you damages for lost wages, emotional distress, and punitive damages (in certain cases).

• Reinstatement: In some cases, a court may order your reinstatement to your previous position with back pay. This is less common but can occur if the termination was found to be particularly egregious.

Preventing Wrongful Termination:

While you can't always prevent wrongful termination, taking proactive steps can significantly reduce your risk:

• Maintain excellent performance: Consistently exceeding expectations minimizes the likelihood of performance-based termination.

• Document your achievements: Keep records of your accomplishments and contributions to the company.

• Follow company policies and procedures: Adhering to company rules reduces the chance of disciplinary action.

• Understand your rights: Familiarize yourself with employment laws and your rights as an employee.

• Build positive relationships with colleagues and supervisors: A positive work environment reduces the likelihood of conflict that could lead to termination.

• Keep a professional attitude: Avoid negativity and maintain professionalism in all workplace interactions.

Losing your job is a challenging experience, but being wrongfully terminated adds another layer of difficulty. By understanding your rights, gathering evidence, and taking decisive action, you can protect yourself and increase your chances of a successful resolution. Remember to seek legal counsel early in the process; an experienced employment lawyer is your best ally in navigating this complex legal terrain. While this article provides guidance, it is not a substitute for professional legal advice. Always consult with an attorney regarding your specific situation.