Posted By Sirmabekian
Some people who’ve been fired from their jobs feel that they were unfairly terminated, and while most simply find another job; there are those who decide to sue for wrongful termination. If you choose this option, below are some important facts you should know.
Are You Certain Of Your Wrongful Termination?
It must first be emphasized that the majority of employees working in the United States are considered “at willed staff.” This essentially means that the employer can fire you without reason, and they don’t even have to provide notice. Unless their reason for firing you is illegal, at willed staff can be released whenever the employer decides. Common reasons for getting fired in the United States are:
- Performing poorly on the job or getting bad performance reviews
- Sexually harassing or physically attacking co-workers
- Violating company policy (many companies have an employee handbook)
- Stealing company property or engaging in other crimes on company premises
- Misconduct such as tardiness, antisocial behavior, and being unprofessional
Subconsciously, a lot of people realize that they were rightly terminated but still hold a grudge against their employer and want to get payback. Since the United States is very much a litigious society, they feel that going for a termination suit is the best way forward. However, unless you have a very good reason to do so, this action is ill-advised.
Circumstances Where You Can Sue Your Former Employer
While the majority of people who are fired from their jobs deserved to be terminated, there are circumstances where the firing could be illegal. Examples of these include:
- Retaliation against an employee that blew the whistle on illegal or unethical activities
- Your boss breached company policy
- You were fired for discriminatory reasons, such as your gender, sexual orientation, race, or disability
Should you choose to follow through with litigation; the case can be settled before a judge or outside the courtroom. However, there is a lot that goes into such cases, and you’ll want to have proof of your claims, as many employers have their own legal teams that will defend them.
Public Vs. At Willed Staff
Public staff or employees differ from at willed employees, but only a small percentage of the population falls under this category. Public workers might be entitled to due process prior to being terminated. Unlike at-willed staff, they cannot be let go without a notice period, an opportunity to defend themselves, and a formal hearing. This is one of the reasons why some private staff decides to unionize because doing so would enable them to get rights for mediation and arbitration should a member be fired or suspended.
But since most employees are at willed, winning a wrongful termination case can be very difficult unless you have strong evidence to back up your claims. And remember, lawyers don’t work for free and the good ones are careful what cases they take on, so unless you have a compelling reason to go after your employer with clear-cut evidence going for a wrongful termination suit could end in failure.