Unemployment can be a daunting experience, especially when you believe you were fired for an unfair reason. There are a lot of concerns that come with job loss; financial stability, mental health, physical health, and relationships to name a few. The thought of unjust job loss can make these aspects of life even worse.
Although it can be tempting to act with your emotions upon losing your job, you must remain rational and controlled. This will avoid acting foolishly, which could result in further repercussions. You must keep a clear mind to deal with the prospect of unfair dismissal.
However, only after following the three steps in this article will you have the knowledge to seek expert advice from HKM.
Understand What Wrongful Termination Means
Wrongful termination happens when the employer breaks the employment contract or violates state or federal laws when dismissing an employee. There are several reasons in which this type of termination can happen, including discrimination, harassment, retaliation, etc. The employee must prove their dismissal was unfair before the employer will experience consequences.
Although at-will employees can be fired at any time for most reasons, they can still be dismissed unfairly if discrimination, retaliation, or refusal to carry out illegal activities is the cause.
Check Your Employment Contract and Company Policies
If the definition of wrongful termination seems relevant to your situation, you should then begin looking at your employment contract and any company rules related to firing. The employment contract is a legal agreement with your employment, and it will include sections and clauses linked to the duration of employment and contract termination.
In this document, you will check if your employer has breached your contract. If your employer has broken the contract of employment, then your job loss might be unjust.
Company policies will also outline the disciplinary and dismissal procedures that the employer should follow. This is essential to determine if your employer followed the correct process with your contract termination.
Gathering Proof Your Termination Was Unjust
As previously mentioned, the cause of unfair termination can vary, which means the type of evidence you gather will depend on the reason. No matter what the reason, you will require strong proof to back up your case. The quality and quantity of the evidence you have will affect the strength of your lawsuit.
One of the first types of evidence to look at is your employment records. Your employee record will include contracts, pay stubs, and time sheets, and you should also gather copies of disciplinary records and performance reviews to prove your work history. These documents are concrete evidence to your contributions to the company and your behavior in the workplace.
Emails and other correspondence should also be used in wrongful termination cases. Only use the emails, letters, memos, or messages that support your claims. These documents will provide proof of the experiences and interactions you have had with your employer.
Other forms of evidence to gather include witness statements, documents detailing discrimination or retaliation you have faced, and your own records (journal entries, notes, and so on).
After you have gone through these three steps, you will have a better understand if contacting a lawyer is suitable. If it is still clear that your contract termination was wrongful, you can seek guidance from a professional.