Everyone deserves to be respected in the work place. If you have been wrongfully terminated, ideally there has been proper documentation of the events that transpired immediately preceding the unlawful termination. This will be pertinent evidence used when filing a wrongful termination claim. Another critical factor, is whether your employer was a branch of the government, or operating in the private sector. Timelines are another sensitive aspect to be aware of when deciding how to pursue a wrongful termination claim.
Breach of Contract
If you were terminated in breach of an employment contract, then the most appropriate remedy is to seek damages in civil court. The issues involved in this type of claim will revolve around the terms and conditions of a written agreement.
If you were terminated based on any type of harassment, then federal and state laws are in place for protection and to establish eligibility for seeking remedies. Being subject to annoying comments, petty remarks, or a one-time incident will likely not rise to unlawful conduct and not be categorized as harassment. However, extreme or ongoing offensive behavior and conduct, insults, physical threats, and repetitive interference with work performance will constitute harassment and be grounds for filing suit if such action led to a wrongful termination.
The Equal Employment Opportunity Commission (EEOC) will help facilitate a wrongful termination claim. In most instances, the first step in filing a wrongful termination claim is to file a complaint with the EEOC, along with supporting documentation (i.e., employment contract, pay stubs, employment records, credentials, witness statements, etc.), after which the agency will conduct its own investigation. The law requires that a complaint is filed within 180 days from the day the discrimination took place (in some instances, this deadline is extended to 300 days). If a case involves a federal employee, this number is significantly reduced to 45 days, but can be extended under certain circumstances. If at the conclusion of EEOC’s investigation they make a finding in favor of the terminated employee, they will issue a “Right to Sue” letter.
Once a “Right to Sue” letter is received, it is now appropriate to file a civil suit in federal or state court, depending on who your employer was and the scope/nature of your employment. In special, select cases, the EEOC will file its own employment discrimination law suit on behalf of the employee who was wrongfully terminated. The EEOC will consider several factors when determining whether or not to file a lawsuit. These factors include, but are not limited to: the seriousness of the violation, the type of legal issues in the case, and the wider impact the case could have on public policy and the fight against workplace discrimination.
Regrettably, the EEOC does not have the resources to file a claim on behalf of every employee discriminated against and wrongfully terminated by their employer. Fortunately, the Liskey firm is available to appropriately allocate liability for wrongful termination, as it pertains to the employer, especially when the employer is a government entity or powerful corporation. These employers may be more resourceful with gigantic legal teams, but it does not give them the right to engage in unlawful employment practices and infringe upon the benefits of a contractual relationship, interfering with the right to make an honest living.
The Liskey Law Group is well equipped and determined to help you contest a wrongful termination claim, and put forth every effort to secure an appropriate remedy for any unlawful discharge. Do not hesitate to contact one of their legal professionals, as time could very well be of the essence.