An unlawful termination dispute may arise if an employee feels they have been unlawfully terminated by their employer, and decides to take action. A wrongful termination is any firing of an employee that violates the law, which includes terminating an employee due to religion, gender, sex, race, and nationality. Examples of disputes that may arise due to unlawful or wrongful termination include:
- Discrimination-based termination;
- Termination practices that violate the employment contract; and
- Disputes involving severance pay and termination benefits packages.
Termination disputes can become complicated in that it’s not uncommon for other employment factors to be at issue. Speaking with an experienced employment attorney can help determine the major sticking points of your case so that you may proceed as seamlessly as possible.
Are There Any Tips for Resolving Unlawful Termination Disputes?
Under normal circumstances, employers must file a claim with a government agency. Usually, the Equal Employment Opportunity Commission (EEOC) handles the majority of discrimination cases. Others may need to be resolved through legal action.
The following are a few steps you can take to prepare yourself for an agency filing or a lawsuit:
- Consult an attorney;
- Gather all related documents to your case, e.g., employment contracts, emails, termination letters, on-boarding documents, any other correspondence;
- Make a list of potential witnesses, and interview co-workers; and
- Carefully document your version of events, and have a written account or outline.
An employment attorney will provide further advice and assist you in compiling necessary documents.
What are the Legal Remedies for Wrongful Termination?
A variety of legal remedies may be awarded for unlawful termination. Rewards, also called damages, can be lost wages, attorney’s fees, court costs, severance pay, and lost benefits. The employer may also be ordered to restore the employee to the position from which they were terminated. The court will also look at the company’s workplace practices and procedures, and may require the employer to make changes.
If the employee does not wish to return to their position, then they have no obligation to return. If the employee was set to be given a promotion prior to the wrongful termination, then they may be allowed to return in the higher position. But if the employee refuses to work for the employer, in any capacity, the employer may be ordered to compensate for it.
Do I Need a Lawyer for Help with Unlawful Termination Disputes?
If you are dealing with an unlawful termination and wish to dispute it, contact an employment attorney immediately. As mentioned, these cases can involve several factors that may complicate your lawsuit, and having an attorney on your side can mitigate the stress of going to court. Your attorney will help you with legal advice as well as represent your best interests in moving forward.