Wrongful Termination- Know Your Rights And Take A Stand For Yourself
There is a common tendency among people to consider their boss as Gods. However, this is something not required. There needs to be mutual trust and respect between employee and employer relationship. There is nothing divine about the boss, and you need not treat the post as an entity. In such a thought process, people are vulnerable to discrimination and exploitation.
What can be termed as Wrongful Termination-
People are not aware of their rights, and this ignorance results in injustice. Make sure you read the points given below carefully-
- Discrimination of any kind-
If the employee feels that the job is taken away due to discrimination, it should file a lawsuit against the company. Discrimination based on race, religion, sex, sexual orientation cannot be a reason for Termination.
- Act of retaliation-
An employer cannot terminate the job due to personal vengeance against the employee. Sometimes, an employee’s unintentional misconduct can wound the employer’s ego. However, he does not have a right to take the job away.
- Medical reasons
If the employee is sick or on leave due to genuine family reasons, there is no chance the company can take the job away.
- Illegal work or out of the profile job-
Companies might try to misuse their employees by asking them to perform works that are not within their job profile. Employees have a right to refuse it without fearing loss of a job.
This is a common reason for wrongful Termination. Superiors think that just because they pay their employee, they have the right to abuse them physically, mentally, emotionally, etc. You need not tolerate this and ensure that nobody around you is facing it.
These are the most common criteria where Wrongful Termination takes place. Besides these, if you think that the company has terminated your job even if it is at-will for a vague reason, you have the right to sue them.
How to file wrongful Termination? –
One important thing that you must have to file Wrongful Termination is evidence. You cannot accuse anybody without having proof of it. Let’s see what can be done when you are in such a situation-
- Keep a record of everything is the first step towards gathering proof. This is something that you have to do when you smell something fishy. Note everything that you think can be used as proof against them.
- Hire an employment attorney. You might have misunderstood something or some law. The experienced Abogado laboral en miami will guide you towards the right path. The best thing is that you mostly need not pay initial consultancy charges.
- The next step is taking the complaint further to the court of law. Your employment lawyer will do and ask for everything required.
- At the time of trial, both parties have an opportunity to exchange documents. In some cases, a mutual settlement is sought.
Besides this, Wrongful Termination can be claimed if you are fired for something outside the company’s rule book. At the time of appointment, most companies provide a handbook of laws under which they can terminate the job uninformed.
Read More: write for us tech blog
What happens after proving the wrongful Termination-
The case might continue for some time, but once you have proved yourself, the company is liable to pay you compensations. This is decided taking into consideration the loss and agony you have gone through due to the Termination. The compensation could include-
As aforesaid, the case might take longer, and so the company needs to pay wages that the employer has lost.
- Attorney’s fees
The company also needs to clear the fees of the employee’s attorney. This is one of the most beneficial coverages provided.
- Medical damages
The employee has the right to claim medical damages but proving it is important.
- Emotional upheaval
The court will check this with your psychiatrist and decide the compensation accordingly.
- Other benefits
The court might order the company to provide you with other benefits like pensions, health insurance, etc.
You will be taken for granted unless you dare to raise your voice against injustice. The employer needs to be very careful while terminating the job as it could cost them heavily.