Have you lost your job recently for baseless reasons? Before you make any legal move, ask a lawyer if you have a case for wrongful termination since such cases can be challenging to prove.
What is wrongful termination? Wrongful termination is a state in which the employer, using illegal reasons, has terminated the employee’s employment contract. As mentioned earlier, wrongful dismissal is not easy to prove because an employee or employer may terminate the agreement at their own will without any repercussions.
Although an employer may end the employment contract, there are illegal reasons to do so. Such reasons are why a lawyer may tell you; you have a wrongful dismissal case. When you are at this point, providing ample facts about illegal termination is the most challenging part of the case.
Collecting facts and evidence is easy but presenting them in the court and convincing the judge makes it difficult. Read through the following tips to guide you gather evidence that will improve your chances of winning a wrongful dismissal case.
Record the Details of the Termination
When putting down the details of termination, your impression of termination is among the top point. Step by step, give the timeline of events and the names of individuals present when you were served the notice to the when you were asked to leave.
Another point is securing your personal file, which may contain all the layouts of your services to the employer. You may also want to keep financial records to prove how much this wrongful termination has cost you. Apart from this, find witnesses from your co-workers to testify if you are being targeted.
Evaluate the Case
Understand the circumstances at which termination is justified and when it is wrongful. The following are things that qualify a termination to be outlawed;
- Gender or racial discrimination-based termination
- Retaliation for exercising a legal right
- Refusing to participate in an illegal act
If your case falls under the above qualifications, your lawyer may advise you to go ahead and file suit. It may be of much help if you have an employment contract. The contract will be able to illustrate the terms of your employment.
Filing the Suit
After assessing your case and finding you have a breach of contract, it is essential to find the correct forum to present your claim. If you allege your termination was based on discrimination, it will be appropriate to start with administration means before heading to the courtroom.
Whether you are suing for breach of contract or discrimination claim, you may also need to fill out a complaint form. All wrongful termination issues start by filling out the correct document. When filing a suit, you may want to know the deadlines stipulated to avoid the court dismissing your case for filing too late.
Wrongful termination can be costly to you as an employee. The thought of tarmacking for a job could be devastating, especially if you were dismissed illegally. From the above tips, you should be able to win any case related to wrongful termination and most probably get compensated or get your job back.