All You Need to Know About Wrongful Termination

Losing your job can be a stressful and emotional experience. However, if you suspect that your dismissal was for an unlawful reason, you may have grounds to pursue a wrongful termination claim against your former employer. In such cases, legal remedies can include financial compensation, even if your official termination has not yet been finalized. Consulting an experienced employment attorney can help you navigate your rights, including negotiating a severance package and securing fair compensation.

What Is Wrongful Termination?

Wrongful termination occurs when an employer fires an employee for reasons that are illegal under state or federal law. In many cases, wrongful termination can result in statutory penalties, financial damages, or even punitive damages against the employer. Sometimes, multiple individuals or entities may be held responsible.

Some common unlawful reasons for termination include:

• Termination in violation of federal or state anti-discrimination laws

• Firing as a form of sexual harassment

• Breaching oral or written employment contracts

• Violating labour laws, such as collective bargaining agreements

• Retaliating against an employee for filing a complaint or legal claim against the company

Understanding whether your termination falls into one of these categories is crucial when considering next steps after termination.

What Should You Do After Being Terminated?

If you have recently been let go from your job, here are important steps to protect your rights:

• Stay calm and professional: Avoid reacting emotionally or lashing out at your employer.

• Seek legal advice: Consult a wrongful termination lawyer for guidance and possible representation.

• Review your employment contract: Understand any agreements that may affect your rights or benefits.

• Request a clear explanation: Find out the official reason for your dismissal.

• Identify decision-makers: Determine who was responsible for making the decision to terminate your employment.

• Access your personnel file: Review your employment records for any discrepancies or useful information.

• Document employer promises: Gather any written or verbal assurances made by your employer, especially those relating to compensation or severance.

• Negotiate your severance package: Advocate for the best possible terms with the help of an attorney.

• Get everything in writing: Ensure you receive a formal confirmation of your termination details and severance agreement.

• Return company property: Comply with standard post-employment procedures to avoid potential legal issues.

Tips for Negotiating a Severance Package

Employers are not legally obligated to offer severance pay unless it is specified in an employment contract or company policy. However, employees often have the opportunity to negotiate a severance package, particularly if they agree to waive any potential legal claims.

Here are some best practices for negotiating severance:

• Stay composed: Remain professional during negotiations, even if emotions are high.

• Evaluate offers carefully: Don’t rush into accepting the first proposal presented to you.

• Document all terms: Insist on having the severance agreement clearly outlined in writing.

• Negotiate strategically: Politely decline offers that pressure you to resign instead of being terminated, as this could affect your eligibility for unemployment benefits.

• Extend payroll benefits: Try to stay on the company’s payroll for as long as possible, especially to maintain benefits.

• Secure continued medical coverage: Advocate for extended health insurance benefits while receiving severance pay.

Speaking with a knowledgeable employment attorney can help you determine the strength of your case and assist you in negotiating a settlement that meets your needs.