5 Tips for Winning a Wrongful Termination Case

Proving wrongful termination can pose challenges, primarily due to the prevalent at-will employment status among employees. Under this arrangement, both the employee and the employer typically have the autonomy to determine the commencement and conclusion of employment without providing a rationale for dismissal.

The onus rests on the employee to substantiate any breaches of state or federal laws concerning discrimination, whistleblowing, or family and medical leave by the employer. Here are five tips to help increase your chances of winning a wrongful termination case.

Collect As Much Evidence As You Can

The specific protected characteristic that resulted in your termination is not essential; what matters is demonstrating that your dismissal aligns with a protected category. You can collect evidence from various sources to bolster your case.

Foremost among these sources are first-hand testimonies recounting the events leading to the receipt of your termination notice. Any documented communication indicating the rationale behind your dismissal, such as text messages or emails disclosing the grounds for your termination is equally significant.

Proof of Damages

Upon compiling the necessary evidence to support your wrongful constructive termination, it is crucial to document the entirety of owed wages, as these will be integral components of your claim. Should the circumstances have inflicted considerable emotional strain, the possibility of quantifying the monetary value of this distress and incorporating it into your claim exists. Your physician can generate a report substantiating the emotional distress you have endured. The reimbursement for your legal counsel’s fees is essential to a wrongful termination claim.

Establish Your Employment Situation

Before proceeding with your Charge of Discrimination or legal action for wrongful termination, clarify your employment status as it significantly influences the course of your case. Understanding that as an at-will employee, your employer holds the right to terminate your employment without cause, focus on establishing your case based on any exceptions to this at-will termination principle.

Seek avenues to demonstrate that your dismissal was unlawful, such as due to discrimination or retaliation. For instance, if you were terminated due to factors like your gender (including sexual orientation), age, or race, you may be eligible for compensation.

Engage a Wrongful Termination Attorney

Engaging an employment attorney can facilitate the collection of evidence and the presentation of a case for wrongful termination on your behalf. Navigating the process of initiating a claim against an employer can be intricate, given the potential time constraints for filing a complaint and the necessity to provide specific evidence to substantiate your allegations.

Specializing in advocating for individuals’ employment rights, a wrongful termination lawyer can offer guidance as you construct your case against an employer. They meticulously review the details of your situation to ensure compliance with claim submission deadlines and assist in assembling compelling evidence that reinforces your position effectively.

Performance Evaluations

One prevalent cause for employee termination is attributed to subpar performance. Instances exist where companies actively seek out faults in an employee’s conduct as grounds for dismissal, constituting a classic instance of wrongful termination.

To support your case, furnish your attorney with any existing copies of past performance assessments. This documentation allows your attorney to compare and verify your records against those held by the company. When armed with performance evaluations reflecting a contrasting narrative, it becomes challenging for your employer to justify your termination based on inadequate performance.

Endnote

Extensive groundwork is essential to succeeding in a wrongful termination lawsuit. While preparing for a court appearance demands diligence and composure, the gratification of winning ultimately justifies all the hard work.