Professionals who lose their jobs often find themselves scrambling to protect themselves. Employers often give little advance warning before a termination. Frequently, companies plan ahead before terminating a worker and may escort them out of the building shortly after advising them of the decision.
After the initial shock wears off, people who have lost their positions at companies sometimes begin questioning whether the termination they face may have been wrongful. Although employers technically have the right to fire workers for the most minor issues or no specific reason whatsoever, there are scenarios in which termination is inappropriate.
A company should not fire workers to punish them for asserting their rights. Such terminations may constitute unlawful retaliation. Employers also should not fire workers because of their protected characteristics. Those terminations may be discriminatory.
What can employees who believe they have experienced a wrongful termination do to protect and assert themselves?
Gather documentation as soon as possible
Companies often prevent workers from taking anything with them when they leave after a firing. They may reclaim company phones and shut off company email accounts, which can make it difficult to document a wrongful termination in some cases.
Wrongfully terminated workers may need to communicate with former co-workers who may have witnessed misconduct or been aware of how they engaged in protected activities. Writing down details of the conversation that led to the firing can help in some cases, especially if the human resources professional or manager referenced protected activities or protected characteristics during that conversation.
Talk with an employment attorney
Determining whether a worker has adequate grounds for a wrongful termination lawsuit can be difficult. Workers are rarely objective about their own career setbacks. They frequently need the help of a lawyer who can review the situation and determine if the employer may have done something inappropriate or illegal. A lawyer can review the documentation that a worker has accumulated and help them establish whether or not they have experienced actionable misconduct.
Pursuing a wrongful termination lawsuit is possible in cases where workers can show that companies have violated their rights by discriminating or retaliating against them. A successful lawsuit can lead to workers regaining their employment or securing financial compensation for any economic harm caused by a sudden and inappropriate job loss.