Filing a Wrongful Termination Claim
I Think I Was Wrongfully Terminated - What Protection Do I Have from the Employee Handbook?
If the handbook does not specifically state an intention to become integrated with the employment contract, the rights and remedies under the employee handbook may require judicial interpretation.
What Amount of Commissions Must Be Paid after Termination?
Upon termination, you are entitled to the payment of earned but unpaid wages, including commissions. The amount of commissions due often depends on a verification of sales, accounts, loans, etc. The timeframe in which the wages and commissions should be paid varies from state to state.
What Can My Firing Employer Say to My Prospective Employer about My Termination?
Your former employer is free to provide an honest, good faith evaluation of your employment, even if the evaluation is negative. To avoid lawsuits, many employers limit their appraisals to confirming non-judgmental information, such as dates of employment and salary.
What Is the Procedure to File a Wrongful Termination Suit against My Employer?
If your feel you were wrongfully terminated because of discrimination or retaliation, you can file a claim with the Equal Employment Opportunity Commission (EEOC), either by mail or in person. In nearly all cases, you must first file your complaint with the EEOC before filing a lawsuit. The complaint must be filed by mail or in person to the within 180 days. This 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law. Your EEOC complaint must include:
- Your name, address and telephone number
- Name, address, and telephone number of the alleged discriminatory employer, employment agency, or union, and number of employees (or union members), if known
- Short description of the event that caused you to believe your rights were violated, including the date(s) of the alleged violation(s)
Federal employees or applicants for employment who believe they are victims of governmental discrimination should contact an EEOC Counselor at that federal agency within 45 days of the discriminatory action.
Should You Hire a Lawyer Experienced in Wrongful Terminations?
The content of disclaimers in employee handbooks requires careful examination to determine if you have any recourse. An experienced lawyer can assist you if you feel you were wrongfully terminated and/or your wages incorrectly withheld.
Consult a Lawyer - Present Your Case Now!
Last Modified: 09-06-2012 08:23 AM PDT