Losing a job can be very demotivating. It can be especially tough if you know that you have been terminated wrongfully. Knowing your rights and exercising them in accordance with the Law can be the best thing that you can do in such a situation.
If you are able to identify the reason behind your termination as wrongful, you should take action against your employer. The discussion below will provide you with all the necessary steps you should take if you have been wrongfully terminated.
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Determine Why You Were Terminated
In order to prove that you were wrongfully terminated, you have to make sure that the reason behind your termination is against state or federal law. You cannot claim wrongful termination if you are unsure about the reason behind your termination.
After you have been terminated from your job, your first step should be to find out the reason for your termination. Depending on your circumstances, you will be able to identify what caused your termination.
Once you are able to identify if the reason behind your termination makes your termination unlawful, you will be able to file a wrongful termination claim against your employer.
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Keep Documentation Maintained
If you are positive that your termination was wrongful, you should start to keep track of everything. This includes things like your termination notice, any correspondence that took place between you and your employer, and the apparent reason for your termination.
In addition to that, you should also try to procure your performance evaluations. If you have made any complaints against your employer prior to your termination, you should try to get copies of it. You should also try to get a record of the disciplinary action your employer had to face.
All of these things can help you to explain your situation better to a legal expert. You will need all the help you can get if you have been wrongfully terminated.
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Stay within the Limitation Period
A common mistake that most people make after they have been wrongfully terminated is that they sit around and waste precious time. If you are positive that you have been wrongfully terminated from your job, you have to take affirmative action.
Even if you are not a hundred percent sure about the status of your termination, you have to follow up with a legal expert to figure out whether your termination is wrongful or not. By taking the time to meet with the relevant people, you can get ahead of the problem.
By consulting an attorney in time, you will be able to make sure that you stay well within the period of limitation provided by your state for wrongful termination suits.
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Get in Touch with a Lawyer
In order to claim wrongful termination, you will require the assistance of a lawyer who deals with wrongful termination cases. Depending on your state, there can be a number of laws and by-laws in play. Getting your head around all of these concepts can be tricky, which is why you need a lawyer.
A lawyer can help you figure out if your termination was wrongful or not. They can also answer any questions you might have regarding the whole process. A wrongful termination lawyer will be able to guide you better regarding your in-state laws.
A lawyer can help you understand if your termination was within the bounds of the termination clause in your employment contract or not; similarly, they can explain the concept of at-will termination to you.
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Gather Records and Evidence
After consulting with your lawyer, you will be able to understand what you might need for your wrongful termination claim. You will need to provide your lawyer with all the necessary evidence for your wrongful termination suit.
This can include things like your performance evaluations and previous records. If there have been any complaints made against you or if you have made any complaints against your employer. You will also need to provide your lawyer with your termination letter and your employment contract.
If you are having trouble gathering all of these records, your lawyer can help you get your hands on everything you need. You can ask your employers for a reason for your termination if one is not provided explicitly.
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Take the Required Action
Once you have everything that you need for your lawsuit, you should make a move. You should start by sending a notice to your employer to seek compensation for your wrongful termination. This will likely result in an arbitration attempt from your employer.
If things do not get sorted by arbitration or if negotiations fail, you can move ahead with taking your suit to trial. If your previous employer is less than cooperative, you can take them to court. Your lawyer can try to prove that your termination was wrongful.
For this purpose, you will need to have all the evidence to prove that the claims of your employers are incorrect and you have been wrongfully terminated.
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Involve Your Union Representatives
If you are part of a union, it can be a big help to you in case of a wrongful termination. By being part of a union, you will not feel left out or alone in your struggle against your employer. In addition, you will be able to get some excellent advice from your union representatives on what to do next.
You will also be able to get assistance from colleagues who are willing to help. Your colleagues can appear as witnesses on your behalf to confirm the events that you are putting forward. This will enable you to prove your version of events.
If you have been terminated for discriminatory reasons, testimonies from your colleagues can go a long way toward strengthening your case.
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Look for a New Job
Losing your job due to a wrongful termination can be very discouraging. You can get demotivated because of it, and that can seriously impact your ability to look for another job. However, you cannot let a wrongful termination ruin your life.
You can fight for your rights and look for a job along with it. You should focus on personal growth and make sure that you do not let a wrongful termination get in the way of your success. By getting a new job right away, you will be able to gain your confidence back.
