Wrongful Termination Claims?

If you have been laid off or fired recently, and believe that you may have lost your job for an unlawful reason, you may have a right to file a claim for wrongful termination against your former employer. Legal remedies that may be available to you include money damages and, if you haven’t been officially released yet, negotiation for an appropriate severance package that includes adequate compensation.



What makes a termination “wrongful”?

The term “wrongful termination” means that an employer has fired or laid off an employee for illegal reasons in the eyes of the law. Illegal reasons for termination include: 

1. Firing in violation of oral and written employment agreements; 
2. Firing in violation of federal and state anti-discrimination laws; 
3. Firing in violation of labor laws, including collective bargaining laws; 
4. Firing as a form of sexual harassment; and 
5. Firing in retaliation for the employee’s having filed a complaint or claim against the employer.

Some of these violations carry statutory penalties, while others will result in the employer’s payment of damages based on the terminated employee’s lost wages and other expenses. Certain wrongful termination cases may raise the possibility that the employer pay punitive damages to the terminated employee, while other cases may carry the prospect of holding more than one wrongdoer responsible for damages.



How to file a wrongful termination claim

If you feel you were wrongfully terminated, you can file a claim with the Equal Employment Opportunity Commission (EEOC), either by mail or in person. The complaint must be filed within 180 days. However, the 180-day filing deadline is extended to 300 days if the charge is also covered by a state or local anti-discrimination law. Your EEOC complaint must include:  

1. Your name, address and telephone number; 
2. Name, address, and telephone number of the alleged discriminatory employer, employment agency, or union, and number of employees (or union members), if known; and 
3. Short description of the event that caused you to believe your rights were violated, including the date(s) of the alleged violation(s).

Federal employees or applicants for employment who believe they are victims of governmental discrimination should contact an EEOC counselor at that federal agency within 45 days of the discriminatory action.

Payment upon termination

Upon termination, you are entitled to the payment of earned but unpaid wages, including commissions. The amount of commissions due often depends on a verification of sales, accounts, loans, etc. The timeframe in which the wages and commission should be paid varies from state to state.  



Severance packages

An employer is not required to give severance pay to an employee unless an employment contract requires it, or the employee handbook or manual indicates that the employer has a policy of doing so. However, you may be able to negotiate a severance package in exchange for a promise to waive any legal claims against the employer. An attorney can explain your options and advise you as to whether a severance package or a wrongful termination claim will make more sense in your situation. For more helps please visit...Wrongful Termination

Referent links 

1. http://employment.findlaw.com/losing-a-job/wrongful-termination-claims.html 
2. https://www.nolo.com/legal-encyclopedia/wrongful-termination-was-firing-illegal-32282.html 
3. http://www.legalmatch.com/law-library/article/filing-a-wrongful-termination-claim.html