How To Sue For Wrongful Termination

  • June 16, 2010
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Recently terminated employees may harbor ill feelings against their former employer – but not everyone has a case for wrongful termination. Find out whether you might prevail in court with this advice.

You Will Need

  • State and federal laws
  • Company handbook
  • Records
  • Complaint form
  • Labor law attorney
How To Sue For Wrongful Termination: Know when regulations are on your side

Step 1: Know when regulations are on your side

Know that you have a case if your employer has violated state or federal discrimination law, employment-related provisions in the Fair Credit Reporting Act or Bankruptcy Act, or the company’s own policy.

How To Sue For Wrongful Termination: Stand up for your rights

Step 2: Stand up for your rights

Stand up if your employer fires you for reasonably exercising your rights under labor laws, participating in a union, or taking leave for military service or under the Family and Medical Leave Act.

Your employer cannot legally terminate you for refusing to break a law or for whistle-blowing.

How To Sue For Wrongful Termination: Plan your exit

Step 3: Plan your exit

Inquire about why you were terminated. Retain the company handbook and any records that may prove that your employer treated you unfairly. Become familiar with your employment agreement’s provisions.

How To Sue For Wrongful Termination: Weigh your options

Step 4: Weigh your options

File a complaint, if appropriate, with the appropriate government agency, and/or file a private lawsuit.

How To Sue For Wrongful Termination: File a complaint form

Step 5: File a complaint form

Bring your complaint to the Department of Labor, Equal Employment Opportunity Commission, or Occupational Safety and Health Administration.

How To Sue For Wrongful Termination: Brace for a battle

Step 6: Brace for a battle

Recognize that the Doctrine of Employment At Will, which states that an employer can terminate an employee at will and without consequence, can make it difficult to prove wrongful termination.

Request and negotiate a severance package and obtain all severance agreements in writing.

How To Sue For Wrongful Termination: Seek out an attorney

Step 7: Seek out an attorney

Seek the advice of a labor law attorney sooner rather than later due to statutes of limitation. Lawyers often take winnable wrongful termination cases on a contingency basis.

One study found that plaintiffs in wrongful termination suits prevailed at trial between 47% and 57% of the time.

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Comments (1)

MeghanLynn

I love this one!

about 1 year ago by MeghanLynn

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