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Elements of wrongful termination

Whenever an employer lets you go, it feel frustrating and scary, or may even feel as though you were terminated unfairly. If your termination brings up a strong emotional response, it is not always easy to clarify in the moment whether your employer fired you fairly or not. However, once the sting of the termination has some time to mellow, it is wise to carefully examine the circumstances of your firing. You may find that it does include one or more element of a wrongful termination, and may have grounds to pursue legal action against your former employer.

In very broad terms, a wrongful termination means that an employer broke some law in the act of firing you. This may include

  • Terminations that violate laws against discrimination in the workplace
  • Terminations that do not align with a written or spoken employment agreement
  • Terminations that violate specific labor laws
  • Terminations that result from an employee filing a complaint or legal claim adjacent the employer
  • Terminations that act as a form of sexual harassment

If you believe that your termination reflects one or more of these examples, you may have a strong case of wrongful termination. A wrongful termination claim may not only provide monetary compensation for a victim's lost income and other expenses, but it may also succeed in returning a terminated employee to the position he or she was fired from. In some cases, a wrongful termination suit may actually address a number of potentially liable parties.

In order to file a wrongful termination claim, it is important to carefully examine your circumstances through the eyes of the law. An experienced attorney can help you assess your termination and identify strong strategies you can use to protect your rights and stand up for your own fair treatment in the workplace.

Source: FindLaw, "Wrongful Termination Claims," accessed March 09, 2018

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