Preparative steps to take to prove your case of wrongful termination
Knowing the employment laws framework should help employees understand how far they can proceed with a case of wrongful termination. Understanding the law will help to ascertain correctly that it is indeed a wrongful act by the employer. Termination of employment is a sensitive use that stirs the victim's strong emotions who feels that the employer is wrong, but this might not always be the case. What seems wrong should be wrong from the legal perspective too. Unless it is possible to prove that the employer violated the employment laws in some way, it is hard to establish the wrongdoing.
Before you decide to file a demanda por despido injustificado, consult an employment lawyer who has experience and expertise in handling various cases while defending employees against wrongful termination. There is no place for emotions and feelings in the legal world, and only if you have a solid case, which only the lawyer can assess, that you can devote time and money to expect a favorable outcome.
To help the lawyer prove wrongful termination, you must provide all documents and be aware of the protections available to employees as per the state laws. Most states adopt the 'at will' clause as a standard term of employment. It means that employers can fire employees at any time. But still, there are state and federal laws that prohibit employers from taking adverse actions under specific circumstances.
What you should do to gather documents to prove your case will become clear from this article.
Gather your employment documents
Your employment documents are most vital to prove your claim as it establishes many more things beyond the terms and conditions of employment. In addition to the employment contract, get hold of pay stubs, job evaluations, employee handbooks, workplace policies, union contracts, memos, personnel files, and the termination notice either in writing or a conversation about the termination in the form of a memo. Oral contracts are also admissible by law, and 40 states recognize implied contracts.
Record the termination details
Put down the termination details on paper by noting the timelines of events as the process of wrongful terminations begins much before it happens. Include your job performance evaluations, the persons involved in various stages of the process, and describe how the termination act transpired.
Consider the transgression of any law
Employees receive legal protection under specific circumstances that protect them from wrongful discrimination at the workplace. Age discrimination, mental or physical disability, breach of employment contract, gender discrimination, pregnancy discrimination, filing a worker's compensation claim, public/ nationality/ color discrimination, sexual orientation, retaliation, and whistleblowing are some of the reasons that can help to prove the wrongful termination, although the task is not easy.
Talking to your ex-colleagues and co-workers will help to garner empathy that can weaken your employer’s defense. Talk to your co-workers to gather information if there were other victims like you. Your discussions might reveal a pattern in sacking by discriminating against them.
Appoint an employment lawyer to handle your case by following the procedure.
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