No one ever likes to lose their job, but in some instances, the decision to let an employee go is actually illegal. When this occurs, you actually have a wrongful termination case where your former employer will owe you damages. The following guide can help you better understand the process of undergoing a wrongful termination lawsuit.
Check if the cause of termination qualifies
First and foremost, you need to make sure you have a case. Often, in wrongful termination cases, you may have been provided with one reason when in truth the reason for the firing is different. For example, if you are fired shortly after telling a boss you are pregnant, and then you are fired for excessive tardiness when there is no record of being late, then you may have a case. On the other hand, if you think you were fired because of the pregnancy but you have been written up multiple times or otherwise subjected to a disciplinary process for tardiness, you may not have a case. Keep in mind, that even in at-will employment states you can't be fired for discriminatory reasons.
Consult with a lawyer
If you think there is a chance you may have a case, don't approach your former employer about it. Instead, consult with a wrongful termination attorney. They can review your termination documents and employment history to help determine whether you have a case or not. If you do, they can then guide the process, which can include filing a lawsuit in court, collecting documentation and testimonies in support of your side, and dealing with any negotiations or mediation required during the lawsuit process.
Determine the best resolution
While in some cases you may get your job back, in others you may not. Of course, this may not be an issue if you do not want to return to a workplace that wrongfully fired you. Instead, you and your attorney will work together to determine the best resolution in your specific circumstances. Being paid damages relating to the case is the most common outcome. These damages should cover loss of wages, all your court, and legal fees, as well as an increased severance package to cover the expenses of your job search.
More importantly, by pressing these charges you bring to light the issue so that others won't suffer the same discrimination in the future. Your lawyer can help you decide what damages you actually wish to sue for so you can aim for the best resolution possible.
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