Imagine this scenario: you go to your job and suddenly get fired due to what you think may have been due to an illegal reason. This is a compromising situation that many workers can make worse when it comes to dealing with a wrongful termination lawsuit. This guide aims to help by providing the top five mistakes to avoid when filing a wrongful termination claim.
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Error 1: Not Enough Evidence to Conclude
A wrongful termination case often relies on strong testimony. Collect emails, reviews, or even witness statements that corroborate your accusations. Document the forms of discrimination (whether its words or actions) you believe you were fired for (i.e., gather any racial, or discriminatory statements or actions from your employer as evidence). Maintain a chronological list or summary of each event or conversation pertaining to your termination, and it will greatly benefit you.
Error 2: Not Filing on Time
In wrongful termination cases, it’s important to follow legal deadlines. Each state has its own time limit to bring one of these claims, usually somewhere between a few months to a couple of years. Failure to meet these deadlines can result in your case being dismissed. For the EEOC, you may only have 180 days from being fired to file in many states. In order to avoid this, consult an employment lawyer as soon as possible who can guide you and make sure all necessary deadlines are met.
The 3rd Mistake: Not Getting the Right Legal Help
One of the most common mistakes is failing to hire an experienced wrongful termination lawyer experienced in these claims. Going to court to represent yourself or by getting a general lawyer is something you do not want to do. Working with a specialist can help take the complexity out of employment law. They are familiar with all aspects of employment law, know how to obtain and present evidence, and can assist with the various aspects that come into play with legal procedures. It is important to then research and find a lawyer with a history of success.
Mistake 4: Taking the First Settlement Offer
The financial pressure of losing your job makes it tempting to take the first settlement that comes your way. However, the first offers are usually too low for what you deserve. Employers may see this as an opportunity to pay off the charges quickly to avoid a protracted legal battle. If you feel pressured to accept a low offer, instead of answering immediately, you should talk to your attorney to assess the offer and try to get a better deal.
Making mistakes 5: Employment agreements and internal rules
Read your employment contract and your company policies regarding termination when you think you have been wrongfully terminated. They will lay out your rights and obligations and can greatly impact the outcome of your case. For instance, if your contract contains an arbitration provision, it could be required that you resolve disputes through arbitration rather than in court. Reviewing these documents with your attorney will help you understand the legal backgrounds andland you a stronger chance to be able to prepare your case.
Above are common wrongful termination mistakes important to avoid. Establish enough evidence, follow and file within the deadlines, consult an expert attorney, weigh any settlement offers, and read your employment contracts and company policies. Equipping yourself with the information needed to handle your wrongful termination lawsuit makes it more likely for you to receive a good outcome.
