Unfortunately, it is quite hard for an employee to prove a wrongful termination in such states with “at-will” employment policy. Therefore, a Los Angeles wrongful termination lawyer gives some tips on how an aggravated employee can score a win in a wrongful termination case against his or her employer in an “at-will” state.
Winning a wrongful termination case in states with an “at-will” policy can be easy. Employees should only prove that the termination was done because of any form of discrimination, retaliation or harassment.
Here are the some tips on how to win your wrongful termination case:
Determine if you work in an “at-will” employment state
Unfortunately, all states have an “at-will” employment policy except for Montana. Thus, either the employee or the employer can have a right to terminate an employment under legal grounds.
Review your contract of employment
Typically, most if not all contracts include terms that instruct process of termination. Check if your contract cited any information regarding termination particularly about your rights I such instances.
In some states, handbooks and policy manuals are also considered as an implied contract. Thus, many employees use such materials to help them if they were terminated for no apparent legal reason. Such implied contracts might entitle an employee to a notice period or termination pay before you are terminated.
Document your termination
Jot down all the circumstances surrounding your termination while each incident is still fresh in your mind so that you will never miss any. You can include a timeline of events, from the time you were notified about your termination until the time you were eventually asked to leave. Also, don’t forget to list down all the names of everyone involved in your termination.
Copies of the termination notice, and memos or letters that come with your termination will be a great help as well.
Prove that you were unlawfully terminated
Apparently, as always advised by many employment lawyers, in order to win your wrongful termination case, you will need to prove that the termination was unlawful.
Gather pieces of evidence that will prove that you were terminated based on race, gender, age, religion or disability, and even retaliation. A character defamation and harassment can also be a solid ground in your case. Make sure that you the power and evidence to prove it.
The federal government provides agencies such as the Equal Employment Opportunity Commission (EEOC) and the labor department that crack down labor law violators. The said agencies are responsible for protecting the employees from any forms of discrimination, harassment, and retaliation. Also, they are in control of ensuring the workers receive their rightful wages and benefits in exchange of their hard labor.
Hire the best labor lawyer
In some circumstances, employees tend to seek the help of an experienced labor lawyer for some reasons. This is despite the existence of the labor agencies. Many believe that the best way to win a wrongful termination lawsuit is to have the best employment lawyer in town to argue the case on behalf of the employee.