Steps to Take If You Are Wrongfully Terminated

Losing your job under any circumstances can be stressful, which can impact you emotionally and mentally. If you believe you have been fired illegally or unjustly, the situation becomes more overwhelming. Wrongful termination occurs when an employee is fired illegally or in violation of federal, state, or contractual laws. Employers in many states can terminate their employees “at will,” but that right is not absolute.

Suppose you have been a victim of such a situation where you were terminated wrongfully. In that case, it is important to take the right steps to protect your rights, financial security, and reputation. This article will help you with the steps to take if you are wrongfully terminated. Stay with us to know every step for such an overwhelming situation, wrongfully terminated!

What Is Wrongful Termination?

Wrongful termination refers to firing or terminating an employee that violates one or more legal protections. Some common examples of wrongful termination include:

• Employment Discrimination based on race, gender, religion, sex, age, or disability,
• Retaliation for whistleblowing, in which reporting harassment, discrimination, or safety violations is included.
• Violation of employment contracts that can be either written or implied.
• Firing an employee after taking a protected leave.
• Termination in breach of public policy, like refusing to do something illegal.
• Even in at-will employment states, you have legal protections against such types of dismissals.

Important Steps to Take If You Are Wrongfully Terminated

Step 1: Need to Stay Calm and Professional

It is a natural feeling of anger or betrayal that often follows being fired. If you handle such a moment calmly, it can impact your future options.

• Don’t argue or react emotionally.
• Request for a termination letter.
• Don’t create a scene and leave the workplace.
• Maintaining composure can protect your reputation and potentially mitigate a legal case.

Step 2: Ask for a Termination Letter

A written document is beneficial to:

• Compare the reason for firing to your professional record.
• Identify the inconsistencies to determine if the real reason was discriminatory.
• Support your claim if you take any legal action.

Note: Employers are not always legally required to provide this document, but there is no harm in asking.

Step 3: Review Your Employment Contract

You need to carefully go through:

• Employment contract
• Employee handbook
• Company policies
• Offer letters
• Emails outlining expectations or promises

You can look for the clauses about the procedure of termination, grounds for dismissal, and notice periods. If your employer has terminated you for violating any of these, you can have a strong case for wrongful termination.

Step 4: Document Everything

You can start building your own case by gathering and organizing:

• Your termination letter.
• Performance reviews and awards.
• Emails or texts with supervisors or HR.
• Pay policy documents.
• Witness statements (if coworkers saw or heard key events).
• Any complaints you made to HR (e.g., about discrimination or harassment).
• If you have strong evidence, your case will be stronger.

Step 5: Consider the Context

You can consider the context where you recently:

• Diagnosed with a medical condition?
• Pregnant or returning from parental leave?
• Involved in a workplace dispute?
• A whistleblower or complainant?
• Denied a promotion and then fired?

These factors can suggest your termination was unlawful. You can write down a timeline of the key events that can lead to your firing.

Step 6: File a Complaint Internally (If Applicable)

If your company has an HR complaint process, you can consider using it. This may not reverse your termination, but can be helpful in different ways, including:

• Show that you took responsible steps.
• Provide a paper trail.
• Strengthen your legal case if the company failed to respond appropriately.

Step 7: File an EEOC Complaint (If Discrimination Is Involved)

Suppose you suspect that you were fired due to discrimination (e.g., race, gender, or disability). In that case, you can file a complaint with the Equal Employment Opportunity Commission before you can sue in the federal court.

• You typically have 180 or 300 days (depending on the state) from the date of termination.
• The EEOC will investigate and may issue a “Right to Sue” letter.
• You can then pursue legal action with a private attorney.

Step 8: Explore Severance and Unemployment Benefits

Severance

Even if the law does not require it, some employers can offer severance packages. You have the right to:

• Negotiate severance with the help of an attorney.
• Review any documents before signing (especially waivers or NDAs).
• Avoid signing away rights you may need in a wrongful termination case.

Step 9: Take Care of Your Mental Health and Reputation

After being fired, many employees may experience a significant impact on their mental health and self-esteem. Understandably, you are feeling upset, but don’t let it define your future. You can:

• Talk to a therapist or counselor.
• Focus on your strengths and future goals.
• Update your resume and LinkedIn with your achievements, not the firing.
• Ask former colleagues (not managers) for references if appropriate.

Some Common Examples of Wrongful Termination

Below are some common examples of wrongful termination:

• Someone is fired after they have reported sexual harassment.
• Letting an employee go after they have requested medical or disability leave.
• Terminating an employee over race or national origin.
• Dismissal in retaliation for union activity or wage complaints.
• Termination by violation of a signed employment agreement.

Consult an Experienced Wrongfully Terminated Lawyer

Consulting an experienced wrongfully terminated lawyer can be beneficial in such an overwhelming situation. You need to find an attorney who can help you with the right guidance. The Law Office of Garcia Hernandez, P.A., is a law firm based in Miami, Florida, where experienced Attorneys Henry Hernandez and Carla Garcia can help you with the appropriate guidance. They offer free initial consultations and represent you in court, if required. Consult a wrongfully terminated lawyer at The Law Office of Garcia Hernandez, P.A. through the following contact details:

The Law Office of Garcia Hernandez, P.A. 2655 LeJeune Road, Suite 802 Coral Gables, FL 33134

Miami-Dade County: (305) 771-3374
Broward County: 954-601-5423
Palm Beach County: 561-286-7732
Martin County: 772-763-1729

Wrongful termination can make you feel like you are going into a personal and financial crisis, but it is not the end of your story. You need to take the right steps so that you can hold your employer accountable and move forward with strength.

FAQs for Wrongfully Terminated

Question 1. Can I ask for a written explanation for my termination?

Answer. If your employer terminates you, but they have not provided a reason for termination in writing, you need to ask for a written explanation.

Question 2. How can an experienced employment lawyer help?

Answer. An experienced employment lawyer can help you understand your rights and legal options.

• Evaluate your case.
• Draft a demand letter.
• Negotiate a settlement.
• File a lawsuit if needed.

Question 3. Do I need to consult an attorney for wrongful termination?

Answer. It is a personal choice to consult an attorney for wrongful termination, but consulting an attorney can increase the chances of success. They can help you with the proper guidance for gathering evidence, negotiating settlements, or filing lawsuits if required in your case.

Question 4. Can wrongful termination disqualify me from unemployment benefits?

Answer. In most states, wrongful termination does not disqualify you from unemployment benefits. You can apply right away and be honest about the circumstances of your termination.