If I believe I have been wrongfully terminated, can I sue the employer directly?

If I believe I have been wrongfully terminated, can I sue the employer directly?

 

Answers (1)

There are several statutes that prohibit employers from discriminating against employees because they are members of certain protected categories.  Employees who prove they were terminated because they were part of one of these categories can recover damages from their former employer.  However, employees cannot simply sue their employer if they feel they have been wrongly terminated.  The employee must first file a charge with the Equal Employment Opportunity Commission (EEOC).  The EEOC will then investigate the matter to determine if the employer actually violated a statute in terminating the employee. 

It will eventually either state that you have cause to sue your employer or that you do not have cause.  If it finds you have cause, it will either offer to represent you or issue a right to sue letter after requiring you and your former employer attend mediation.  If it finds there is no cause for a lawsuit, it will issue a right to sue letter.  In either case, you can move forward with the lawsuit, but not until you receive the right to sue letter. 

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