According to LawyersandSettlements.com, wrongful dismissal cases have been rising since 2009. While some argue that more and more Americans are willing to fight against injustice in the workplace simply because the economy remains so fractured — keep in mind, according to TIME, almost half of Americans live paycheck to paycheck — the fact remains that many employers continue to hold onto outdated notions about race, religion, and a number of other personal traits. By letting ideology rule over reason, many American businesses continue to violate employment laws, leading directly to the increase in wrongful dismissal law cases.
What is Wrongful Dismissal?
Quite simply, according to NOLO.com, wrongful dismissal is when you are fired for illegal reasons. These reasons oftentimes have to do with personal traits, like color or sex, thereby violating Title VII of the Civil Rights Act of 1964. In other cases, breaches of good faith, violations of implied or written promises, fraud, and retaliation as the result of filing a complaint are also causes for filing wrongful dismissal suits with a labor attorney.
Clearly, there are a number of instances in which you would be well within your rights to seek wrongful dismissal compensation. Having said that, however, you need to know that there is a difference between what you find unethical and what the law finds unacceptable. If you’re an at-will employee, for example, you can be fired at any time, for any reason, so long as it’s not illegal, and you would have no recourse in a court of law.
How Do You File a Wrongful Dismissal Claim?
If you truly believe that you are a victim of wrongful dismissal, then you need to take steps to rectify the issue. As LegalMatch.com suggests, you’ll need to file a claim with the Equal Employment Opportunity Commission. After investigating your claim, they will decide whether or not you were wrongfully dismissed. If they rule in your favor, they will push to have your employer make you whole. Whether that means reinstatement or a financial reward depends completely on the situation.
It’s at this point where things can get tricky. Upon receiving the EEOC’s verdict, your former employer can either accept or deny the EEOC’s recommendations. If they choose the latter, you should seek the help of labor lawyers. Bring them the report from the EEOC, copies of paychecks, records showing when you were hired and fired, and any personal accounts from coworkers who may be able to prove your case. From that point on, employment rights attorneys will be your best chance for finding justice.
Have you ever had to go to court after being wrongfully terminated? Let us know about your experience in the comments below. For more information, read this website.