Filing a Wrongful Termination Claim

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Filing a Wrongful Termination Claim

If you believe you have been wrongfully terminated, the first step is to consult your 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. 

Payment upon 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. 

How Can I File a Wrongful Termination Claim?

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:

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. 

The steps you must take to file a wrongful termination claim include:

  1. Research and understand the wrongful termination laws in your state.
  2. Examine the employment contract and the company employee manual to figure out the violations.
  3. Gather all evidence including the copy of the termination form that was given by the employer at the time of termination.
  4. File a wrongful termination claim within 180 days of the termination with the EEOC and state the reason for the termination.
  5. Wait to be contacted by an agent from the EEOC regarding the claim that was filed.
  6. Consult with the EEOC on the actions that can be brought against the employer.

Should I Contact an Employment Attorney?

The content of disclaimers in employee handbooks requires careful examination to determine if you have any recourse. An experienced employment lawyer can assist you if you feel you were wrongfully terminated and/or your wages incorrectly withheld.

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Last Modified: 01-31-2017 03:25 AM PST

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