Court of law works on evidences and proofs. An employee who has been wrongfully terminated must have sufficient evidence which justifies their claims. Most companies have ‘at will’ policy under which either party (i.e the employer or the employee) could terminate employment at any time. For filing a wrongful termination, an employee must produce sufficient fact about their illegal termination in the court of law.
Before filing a wrongful termination, a person must keep track of some records of info and should follow a few steps guide as listed below.
Track and store event information: Record all circumstances of termination, timeline of events, email correspondence, letter of termination from employer, annual performance review details, and the names of managers or supervisors involved
Track financial compensation: Keep record of how much financial loss was suffered due to wrongful termination
Garner co-worker’s support: When a co-worker has committed the same mistake and has been spared, it is the case of discrimination. Similarly when a particular female member in the team is reprimanded giving all the rest of the male team members a free chit it is again a case of workplace discrimination. Garner support from all the reliable team members before prosecuting the employer
Ensure that the termination letter states reason: Common reason for termination are poor job performance and absenteeism. A termination letter must specify the violation of the rule
Send follow-up email to supervisor as a record: Stay professional and don’t send an emotionally charged email. Keep it simple and formal, the purpose of the email is simply to document the discussion. When you aren’t comfortable, simply make notes of the conversation
‘At will’ isn’t enforced: There are important limitations to an “at will” termination. An employer cannot fire for an illegal reason, such as gender or racial discrimination, termination in retaliation of exercising a legal right, for not performing an illegal act, or inflicting an unconducive environment in anticipation of employee quitting
Re-read the employment contract: An employment contract should spell out the terms of employment and the steps for termination
Collect employee handbook and policy manuals: Language in a handbook must be sufficiently clear for the employee to believe that a contract is already being offered
Consult A Lawyer: Employment law differs from state to state and countries to countries. Only a qualified legal employer could offer tailored legal advice. An employment and wrongful termination lawyer Joliet, Brian.J, provides guidance and support to clients across several region of north-eastern Illinois
Getting employment after a frustrated termination, sometimes gets difficult and also raises questions on an employee’s behavioural traits, attitude and performance. Filing a lawsuit against a company also gets a huge public attention. It is therefore important to gather all the relevant evidences before filing a lawsuit. Sometimes, what an employee perceives as wrongful termination may not be so as per the company’s policies or terms of agreement.
Filing a lawsuit may also involve lot of follow ups and sometimes may even cost dear. So, unless the employment has caused a damage to an individual’s self reputation or has resulted in good amount of financial loss, it isn’t advisable to file a lawsuit for trivial concerns. Also, consulting a reliable attorney helps the petitioner to see the situation from the employer’s perspective which will help them decide whether to file a lawsuit, or opt for an out of court settlement for mutual benefit.
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