Navigating the legal system can be quite hard for employees who have been wrongfully terminated. Getting justice after being unfairly let go at work can be a frustrating process and hard to prove, especially when you are not conversant with all labor laws. However, below are easy steps you can follow to make it easy for you to get justice after a wrong termination:
Retrieve All Employment Documents
All the documents relating to your employment will come in handy when you want to prove that you were wrongfully terminated. Your personnel file, employment contract, workplace policies, and job evaluations will contain information to help you win your case. Additionally, union contracts, pay stubs, and memos can be used to show that your employer was at fault for firing you. If you were employed through an oral contract, you would at least need a memo showing that that conversation took place.
Document the Details of Your Termination
The second thing you do after gathering all your documents is to write down everything that happened before and during your termination. Usually, the termination process begins long before the day you are actually terminated. You need to document if any warnings were given to you and their exact dates.
Also, write down everyone who was involved in the process. Write details of events that happened that could have led to the actual termination. Writing all the details is important to make sure you do not forget anything in the future. All the details you write down will be used to defend you by a lawyer or by your union.
Identify the Broken Laws
If you were wrongfully terminated, there is a very high chance that your employer broke one or more labor laws. You must identify all the laws that were broken to prove that you were wrongfully terminated. Look for instances of age discrimination, termination due to mental or physical disability, contract breaches to show that you were wrongfully let go.
Some employers may also implement constructive discharge where they make the working environment intolerable forcing the employee to quit. Proving constructive dismissal is, however, quite hard. It is also against the law to discriminate against employees based on gender, pregnancy, race, color, retaliation, or sexual orientation. Some employers can even fire you simply because you acted as a whistleblower. All these are against the law, and if you can prove them, then you have a better chance of getting justice.
Employees have the right to speak up and make these violations known—without fear of retaliation. If you need help, click here.
Get a Lawyer
You may be tempted to deal with wrongful termination all by yourself, but it is not a wise idea. The legal system can be complicated to navigate without a professional, and this is why, whether you have been terminated in California or elsewhere, you will need a lawyer. A lawyer will make sure that you are well organized and that you have all the information you need to prove your case. They can also call in favors to make your case heard earlier to hasten justice for you.
It is important to consult with a lawyer who is familiar with the laws of your state.
RELATED: Questions to Ask When Meeting a Lawyer
Proving wrongful termination is not easy. However, with the tips above and the help of a good lawyer, it should not be that hard. Employees who are wrongfully terminated must seek justice to teach employers how to be more responsible and fair.
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