Wrongful Termination Next Steps

Losing a job is never easy, but it’s even more difficult when you believe there isn’t a strong reason for being let go. Most states across the United States follow “at-will” employment rules, which means that both the employee and employer can terminate the working relationship at any time without cause or notice.

Unless you have an employment contract stating otherwise, you’re most likely an at-will employee. But what happens if you feel your employer has wrongfully terminated your employment? Let’s talk about your next steps.

What is wrongful termination? 

Even though at-will employment gives both the employee and employer the power to terminate the employment relationship, employers who violate an employment agreement or a federal or state law can be found guilty of wrongful termination. 

Common types of wrongful termination include firing an employee for:

• Race, color, national origin, sex, gender identity, sexual orientation, religion, disability, pregnancy, and age
• Reporting violations or illegal activity 
• Taking permitted medical or personal leave

Losing a job doesn’t just mean a loss of income; it can also contribute to challenges to an individual’s overall physical and mental health. Losing a job is comparable to other forms of psychological trauma, and mental health concerns escalate in tandem with the length of unemployment. 

If an individual believes they have been wrongfully terminated, there are steps that can put them on a path to regaining their earnings and their well-being.

How do you prove wrongful termination?

Wrongful termination cases can be difficult to prove, so it’s essential to work with an attorney who is well-versed in the area. Here are some key ways to strengthen your wrongful termination case.

Detailed documentation practices

So many of our interactions at work are now online. This digital communication is beneficial when proving termination cases because there’s clear evidence of conversations and interactions. Many companies also use online resources for annual reviews and performance management, which can provide additional evidence and information. 

But many aspects of wrongful termination are intangible – like in-person meetings or discussions. Protect yourself by documenting those interactions and conversations so you have a record later. Collecting and preserving as much information as possible will be crucial to building and pursuing a successful suit. 

Preparing for litigation:

Most wrongful termination cases settle out of court, but you’ll need an experienced legal team to navigate the negotiation process. 

If the case goes to trial, you’ll likely have to give testimony and participate in the legal process. This can feel nerve-wracking, but it’s crucial to ensure you get the compensation you deserve. Your lawyer will walk you through the process and provide guidance on the trial if your case does end up in court.

How do you start a wrongful termination case? 

The first and most important step is finding an attorney with experience pursuing wrongful termination claims. These complex cases require a breadth of knowledge and insight into how your state typically handles these types of cases. 

Once you find an attorney, they will provide expertise and advice on whether or not your claim is pursuable, what kind of evidence you might need, and if you should expect to settle or go to trial. Remember that the statute of limitations varies throughout the U.S., so don’t hesitate to start your claim if you feel you’ve been wrongfully terminated. If you wait too long and the statute passes, you won’t be able to pursue your case. 

Our office has extensive experience with wrongful termination cases. We represented a successful cryptocurrency entrepreneur and blockchain innovator who founded an incredibly successful Bitcoin cloudmining company. He agreed to merge his company with PeerNova, Inc., only to be fired from his position in the resulting company. Our team’s work resulted in the plaintiff receiving $3,508,807 for monetary damages, lost earnings, emotional distress, punitive damages, and interest. You can read the full case study here. 

Please contact our team today if you believe you or a loved one has been wrongfully terminated. 

The information contained herein is for general purposes only and does not constitute legal advice.