Do you feel that you’ve been wrongfully terminated? Don’t worry. That’s not the end of the world. There are still so many positive things ahead. As long as you’ve written documents to prove that you were wrongfully terminated, you can always file for a claim. Here’s all you need about filing a wrongful termination.
Document Important Details
For you to prove that your contract was wrongfully terminated, you need to produce written documents of all details that might be usable during the case.
Write down the comments made by your employer, including the time, date, and place. Keep a record of everything you consider important when it’s still on top of your mind. Some of the things you’ll need include official paperwork, performance reviews, your personal file, employee policies, union contracts, pay stubs, employment contracts, termination notice, and co-worker interviews.
Hire an Employment Attorney
The complexity of wrongful termination makes it hard to decide on your own, whether you have a legitimate case or not. That’s why you need to work with an experienced lawyer who’ll carefully analyze your situation and provide you with a logical opinion.
Plus, qualified wrongful termination lawyers will also have comprehensive knowledge of your local laws, as well as, anti-discrimination regulations. Just be careful to look for an attorney who charges affordable fees.
File a Complaint
Your attorney will explain how and where to file a complaint, depending on the reason why you were wrongfully terminated.
Wrongful termination claims are often filed in a civil court or at the Equal Employment Opportunity Commission (EEOC). The EEOC often utilizes a self-assessment tool to determine whether or not your case is valid.
Your lawyer will assist in writing the claim and serving notice to your former employer. This is often done through the following methods; a professional process server, a certified email, or through a county sheriff.
After your notice has been served, your attorney will then file it with the county clerk. If you fail to do this, the court won’t hear your case.
Prove That Your Job Was Wrongfully Terminated
Once your case has been filed, the litigation process might begin. It takes the following steps to get your case in court:
- Discovery phase– Before your case goes for trial both parties must exchange relevant documents and information that could be used to prove the case. And this is commonly referred to as the discovery process.
- Written interrogatories– Each party submits written questions to the other. All the queries must be answered unless there isn’t a legal reason to do so.
- Depositions– At this point, each party can interview the other party. Witnesses could also be interviewed. The individual being deposed is under oath to only tell the truth, and the conversation is recorded by a court reporter. So, make sure that you’re well-prepared for this process.
Remember, your previous employer might offer you a settlement at any time during the deposition process, which could be more beneficial than taking your case to court.
The Bottom-Line
With the help of a professional employment lawyer, you can always file a case against your previous employer for wrongful termination. The above guide provides deeper insights into everything you need to know about filing a wrongful termination claim.
