How to File a Wrongful Termination Suit
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How to File a Wrongful Termination Suit
Wrongful termination is one of the more common types of employment lawsuits. Many people may have been subject to wrongful termination, but don’t know how to file a wrongful termination lawsuit. One of the first steps is to determine your “cause of action”, or the reason that you believe you were wrongfully terminated.
Suing for wrongful termination can be based on violations by an employer, such as:
- Discrimination: Termination can’t be based on a person’s age, race, sex, nationality, etc.
- Breach of Contract: If the employer and employee have an employment contract in place, it will usually state the terms of termination. It can be considered wrongful termination if the contract terms are violated
- Leave: Employers may not terminate an employee for taking a valid leave of absence for family or medical purposes
- Retaliatory Discharge: It is against the law to terminate an employee in retaliation for reporting company violations to authorities
- Others: Wrongful termination can also be based on violations of company policies,a workplace dispute termination or a refusal to commit illegal acts as requested by a superior
Once you identify the basis for your wrongful termination lawsuit, you’ll want to begin compiling the evidence that will be used for your claim. That way, an attorney will be able to help you formulate legal arguments based on the evidence.
What Type of Evidence Will I Need When Filing My Wrongful Termination Lawsuit?
To prove your wrongful termination claim, you’ll want to present as much evidence as you can in your favor. These can take many different forms, like:
- Important documents like pay stubs and records of hiring/termination
- Statements and testimony from the person or persons responsible for your termination.
- Witness accounts
- Your own written account of the events involved with the termination, from beginning to end
Again, your evidence should support the basis of your wrongful termination suit. For example, if you believe that you were wrongfully fired due to discrimination, your evidence needs to supply proof of your employer’s discriminatory conduct.
Can I Get Advice on How to File a Wrongful Termination Suit Through the EEOC?
For most employment law disputes, you’ll need to file your claim first with a government administrative agency such as the Equal Employment Opportunity Commission (EEOC). You would have to contact them and submit your claim, along with your evidence as requested by the agency.
The EEOC or other appropriate agency will then conduct an investigation into your wrongful termination claim. Remember, your (former) employer can’t really hold it against you if you file such a claim.
After investigating, the EEOC will reach a conclusion as to whether you were wrongfully terminated or not. If the EEOC concludes in your favor, they will likely require your employer to remedy your losses. This can include returning you to your former employment position, and reimbursing your for lost back wages. See this article for more information about filing a wrongful termination claim with the EEOC.
What if the EEOC Investigation Is Not Enough?
If the EEOC process is not helpful for you, you may then be able to file a civil lawsuit against your employer. In some cases you can file the lawsuit before or during the EEOC investigation. But in most cases, you must “exhaust your remedies” through the EEOC, meaning that you can only file a lawsuit if you can show that the EEOC investigation was not satisfactory.
Do I Need a Lawyer for Guidance on How to File a Wrongful Termination suit?
If you have questions about how to file a wrongful termination suit, you may wish to contact and hire an employment lawyer for assistance. A competent attorney in your area may be needed in order to file with the EEOC, as the process can sometimes be complicated. Your lawyer will be able to assist you with evidence and legal arguments to ensure that you are compensated for your losses.
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Last Modified: 12-07-2016 03:15 PM PST
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