Things You Should Do To Win A Wrongful Termination Case
There is no such thing as the perfect workplace. Issues and conflicts are staples in every office all around the world, regardless of the organization size. Sometimes, these conflicts will lead to one thing and another, and the next thing knows, you’ve been terminated. If you believe that the termination is not justifiable and that you’ve been terminated illegally, continue reading to know how to prove wrongful termination.
What Is Wrongful Termination?
Wrongful termination or wrongful dismissal happens when an employee’s contract of employment has been terminated by the employer, and this termination caused a breach of contract to the employer’s side. Since a contract expects the parties to comply with the rules stated in it, if the employer is proven at fault, the termination should be invalid. The hardest part of fighting for your right, in this case, is how to prove that you’ve been wrongly dismissed.
Checklist: How To Prove Wrongful Termination?
The biggest challenge for the employee terminated is how to prove wrongful termination. In this checklist is the usual grounds for wrongful termination. If you can find evidence that one or more of these grounds happened, you can submit an appeal in order to invalidate your termination.
Discrimination happens when you’re fired because of the factors outside your job performance and output. Instead, you are fired due to your national origin, gender, disability, age, sex, religion, or genetic information. Have you been discriminated by your employer either verbally or through writing? Have you missed out opportunities or rights because of discrimination? Discrimination comes in a lot of forms but is also one of the hardest to prove.
2. Retaliation After Proper Proceedings
If you’ve been harassed or discriminated by any means, and you filed a claim within or outside the company (management or police) to exercise your right, your employer might fire you. It also happens when you happen to get involved in an investigation that might uncover illegal behavior. This seems like a punishment, but in reality, it is illegal. As an employee, you are legally protected by the law regardless of where you file your claim.
3.Reporting To The Government Authorities
This happens when an employee is terminated because he or she reported an illegal activity that he or she witnessed in the company’s system. An employee who decided to go against their employer’s illegal activities are protected by the whistleblower law and cannot be terminated by reporting a violation to government authorities.
4. Refusal To Do Something Illegal
Forcing someone to do an illegal activity is an act that is already in the grey side of things. An example of this is if your employer forces you to partake in the company’s illegal activities for job security. If he or she fired you because of your refusal, that’s a case of wrongful dismissal.
5. If The Employer Doesn’t Follow The Company’s Termination Procedure
Not all companies have the same grounds for termination. A termination is only good if it followed the right conditions written in the company’s policies, which can be checked through the employee handbook. If you’re fired without following the proper procedure stated in the handbook, you can file a complaint about the termination.
4 Things To Do After Proving Wrongful Termination
Now that you know what are the grounds for wrongful termination, its time to act and file a complaint. If you determined that your termination falls into one or more cases, there are the five things you can do to start your complaint.
1. Check all the recorded communications with the employer
Past communication says a lot about your relationship with your employer. This will serve as evidence that your employer acted against your rights as an employee.
2. Make sure to get a copy of your financial data (e.g. payslip)
This is an important step because it will be the basis of the remuneration if you win the case.
3. Check your employment contract, as well as your handbooks and policy manuals
When the grounds for wrongful termination when the employer doesn’t follow the company policy, your contract, employee handbook, and copies of the policy will weigh as evidence to your claim.
4. Get a professional help
Last but not least is to ask for professional help. The law professional will help you file all the things that are needed and will also help you gather more evidence. In this type of case, attorneys will likely take the case on a contingent fee basis.