When Is Termination Wrongful?

Wrongful termination is defined as the unlawful firing of a company’s employee(s) for various reasons. The employee’s employment contract termination by the employer where the termination breaches one or more of the terms of the contract or a statute provision in employment law. Contracts can be written or they can be oral and an employer is allowed to terminate an employee’s status based on the terms of the employment contract. If an employer releases an employee against the terms of the contract, this action more than likely falls under the realm of wrongful termination. Also, make sure you get an employment termination agreement to make it official.

Eligibility

For an employee to file a lawsuit against an employer because of wrongful termination the following items must be met for eligibility:

• The employee was discriminated against based on age, race, sex, ethnic background, religion or disability
• The employee was released following a complaint about sexual harassment
• The employee was terminated in violation of a contract
• The employee was terminated in retaliation for filing a complaint against the employer for violating local laws
• The employee was fired for refusing to perform a dangerous or illegal act for their employer
• The employee was fired for taking time off for military service, to vote, for the illness of a child or for the employee’s own illness
• The company violated their own termination policies; which are posted throughout the workplace
• The employee was fired for being involved in the organization of a union
• The employees has suffered serious emotional injuries because of how they were treated at work
• The employee worked for the employer for a number of years
• The employer wants the employeee to sign a separation agreement containing a release giving up legal rights
• The employee believes it will take him or her an extended period of time to find a new job, causing economic harm to the employee

How to File a Lawsuit

File Yourself

Job terminate, pension termination, terminated employment are all phrases no one wants to hear. Anyone who has been wrongfully terminated from their job is eligible under federal and state termination employment law to file their own lawsuit against their former employer. The lawsuit can ask for compensation for the loss of the job. The compensation can go towards food, housing, bills, medical bills and other necessities that need to be paid for by the fired employee. The compensation from the employer will also be for pain and suffering, emotional injuries, and mental injuries incurred by the loss of the job. The process of filing a lawsuit entails the following:

• If done on one’s own the person should still consult a lawyer
• Read the Rules of Civil Procedure prior to filing the lawsuit
• File a complaint with the court and have it served to the defendant in the case
• Once the claim is responded to by the defendant the plaintiff should continue to prosecute their case as they see fit

Legal Help

If the fired employee does not wish to file a lawsuit on their own against their former employee then they can receive legal help from an attorney. A wrongful termination attorney will be able to answer any questions regarding the laws in that area, how to file the lawsuit, where to file the lawsuit, what paperwork needs to be filled out and much more.

Status of the Lawsuit

Checking the status of a lawsuit can be difficult to do but it can be done with the help of an attorney. The attorney will be able to find out if the defendant has responded to the claim filed with the court by speaking with the clerk of the court where the claim was filed. Once the attorney finds out the status of the lawsuit the next steps can be taken in prosecuting the defendant in a court of law. These steps include either dropping the lawsuit, settling out of court, or heading to litigation.