When an employer discharges its employees against the provision or rule mentioned in the employment law or where the employment contract is terminated, is known or called wrongful termination. Now, this type of dismissal may vary according to the terms of the employment contract. Now, wrongful termination is difficult to prove as most employees work at will. At will, the employees can quit at any time, and also the employer can terminate the employee at any time. Therefore, the employees are considered at will, if they have no employment agreement. in case, if a company sets out a particular policy as mentioned in its manual then that policy has to be followed by each employee.
Wrongful termination is one of the most common types of employment suits. There are different types of wrongful termination which are as follows:-
Discrimination or harassment:- It is against the federal laws for employers to discriminate against their employees based on race, nationality, gender, age, religion, and disability.
Retaliation:- Employers cannot fire their employees in retaliation for things like reporting harassment, expressing health or safety violations, then being injured on the job, and refusing to participate in legal activities.
Breach of contract:- If the employee has a contract or employment agreement, then the employer cannot break the contract while firing the employee. These contracts set a limit or tie the hands of the employer while firing their employee.
Ignoring protected leave:- Federal and state laws protect the employees from being fired based on family or medical leave. If the employer is having more than 50 employees then he/she cannot fire employees on having 12 weeks of leave per year.
- Breach of Contract
- Race/ Caste
- Whistle Blower
Steps to File a Legal Notice for Wrongful Termination
If you want to send your employer legal notice regarding wrongful termination, you have to follow the below mentioned steps:
- Firstly, the employee who has been terminated wrongfully needs to collect the evidence as soon as possible.
- Then, by hiring a lawyer, the employee needs to fill a form on what basis he/she was wrongfully terminated. Here, the lawyer can file the complaint on behalf of the employee.
- Now, after this, your employer must be served notice. Now, this can be done in 3 different ways which are mainly return receipt requests or certified mail, then county sheriff, and last but not the least professional process server.
- Now, the last step to prove is that you have been terminated for the wrong cause. Here, your case reaches the court in the three steps:-
- Discovery process
- Alternate dispute resolution.
- Going to trial
Documents Required for Filing Wrongful Termination - Legal Notice
To prove that one has been wrongfully terminated. He/she has to collect certain documents which are quite necessary for further processes, like filing a complaint. It can include jotting down a derogatory, recording comments from your employees, time, date, place, and many such things. But, most importantly it is required to have written records of everything.
Specifically, there are some documents that are most important:
- Personal file.
- Termination notice, or if you were fired in persons, then one should write the conversation that happened between them.
- Performance reviews
- Employment contract
- Employees handbooks or policies
- Union contracts
- Print out official communications
- Pay stubs.
This states, that if the employee has been fired due to some reasons. Then, the employee needs to talk with his/her co-workers to know whether they have made the same mistakes but have got different treatment.
Records of events that are deemed to be important:-
The employees who are fired are always asked to leave the premises as soon as possible. This means there’s a good idea to have evidence at home in advance.
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