Victims of wrongful termination are often eligible to receive compensation for their losses but can find proving wrongful termination difficult and frustrating. By discussing your situation with an experienced wrongful termination lawyer and enlisting their assistance, you can give yourself a better chance of receiving the justice that you deserve.
What Is Wrongful Termination?
Wrongful termination occurs when an employee is fired in violation of legal protections, such as discrimination laws, public policy, or the terms of an employment contract. For example, if an employee is fired due to their race, gender, or for reporting illegal activities within the company, this could be considered wrongful termination. Understanding the grounds for wrongful termination is the first step in proving your case.
How Can I Prove My Termination Was Discriminatory?
Proving discriminatory termination involves demonstrating that your firing was based on a protected characteristic, such as race, sex, age, disability, or religion. Discriminatory remarks or actions, patterns of discrimination, lack of diversity in the company, good performance reviews prior to termination, and testimony from coworkers are all examples of evidence that can help victims prove discriminatory termination.
What Evidence Is Needed To Prove Retaliation?
Another example of wrongful termination is retaliatory termination. To prove retaliation, you need to show that you engaged in a protected activity, such as reporting harassment or participating in an investigation, and that your termination was a direct result. An experienced lawyer will help you gather the evidence you need to prove retaliation, including documentation of any filed complaints or reports, documentation of the timeline of termination, written or verbal communication that references retaliation as a motive, and witness statements from co-workers.
How Do I Prove That My Termination Violated Public Policy?
Proving a public policy violation involves showing that your termination was for reasons that contradict public interest, such as firing you for refusing to engage in illegal activities or for exercising your legal rights. This can include actions such as taking leave, voting, or serving jury duty. Proving a violation of public policy can be done with evidence such as documentation of refusal to participate in illegal activities, documentation of you exercising your legal rights, written or verbal communication documenting disapproval in your actions, and testimony.
What Steps Should I Take As A Victim Of Wrongful Termination?
The first steps to take after an instance of wrongful termination is to request an explanation of your termination in writing and collect all necessary evidence that may be useful when building your case. Contact co-workers that may be willing to testify or assist with your case, and, importantly, contact an experienced lawyer to discuss your case and pursue legal assistance. As attorneys such as our colleagues at Hoyer Law Group, PLLC attest, speaking with a lawyer as soon as possible after an incident can greatly increase your chances of reaching a successful outcome.
Fighting Back Against Wrongful Termination
Proving wrongful termination requires a clear understanding of your rights and thorough documentation of important evidence. By gathering the right evidence and seeking professional legal advice, you can build a strong case. If you believe you’ve been wrongfully terminated, consulting with a specialized lawyer can provide the guidance and support you need to pursue justice.