What Legal Options Do You Have After an Unjust Dismissal?

Have you lost your job recently? If so, you might be wondering what that decision was based on. If there is a clear reason – downsizing, poor performance, etc. – then things are a lot simpler. However, the difficulty appears when no cause has been stated clearly. There is potential that this would be a wrongful termination.

Although you would hope no company would do it, unjust dismissal is a relatively common occurrence. This happens when an employer fires an employee for an illegal reason. If your dismissal was due to discrimination, health and safety complaints, pregnancy, whistleblowing, or the like, then your dismissal falls into this category.

But what do you in this situation? This post outlines three key legal options to consider after you have been wrongfully terminated.

Report to Human Resources

One of the first things to do after losing your job unjustly is speaking to Human Resources (HR). This might be an intimidating action to take, but it is vital. Reporting to HR creates a paper trail showing your complaint and the company’s knowledge. If you need to take further legal action in the future, then such documentation will play an important role.

Of course, before you report to HR, you must have evidence that supports your claim. This is essential no matter what legal option you follow. Any emails, performance reviews, witness information, etc. that shows unfair treatment must be collected. Documenting the firing is also a must. Note down the date it happened, who fired you, what was said, and any reasons given.

With information like this, you should then request a meeting with HR. This should be a formal meeting. Staying calm will help you come across as professional during this meeting. Your evidence will be presented to show why you believe your termination was unlawful. After the meeting concludes, send a summary email. Also, ask HR to confirm the discussion. 

File a Complaint with the EEOC

The Equal Employment Opportunity Commission (EEOC) is your next port of call. You must do this after being wrongfully terminated if you want to challenge your firing – especially if it was based on illegal discrimination or retaliation. The EEOC has the power to secure remedies, like lost wages, promotions, and reinstatement, if discrimination is found.

It is critical to act quickly here. Generally, people have 180 days from the dismissal to file a complaint. This could extend to 300 days if your state has a fair employment agency. Fortunately, there are numerous ways to initiate contact with the EEOC – online, phone, or in-person. You will participate in an intake interview before filing your formal charge.

If your case qualifies, the EEOC will help you file a “Charge of Discrimination.” Whatever the investigation includes – be that interviews, mediation, or document requests – you must cooperate fully to get the desired result.

Pursue a Wrongful Termination Lawsuit

At times, people will prefer to pursue a lawsuit. This is often to recover lost wages and benefits, seek compensation for emotional distress, or even get their job back. The aim here is to make the individual financially whole and uphold labor laws. Such action could hold employers accountable, too, and prevent future unfair treatment for other employees.

The key steps if choosing this legal option is finding a reputable attorney. Not only that, but the lawyer must specialize in employment law. Specialist lawyers, like these Honolulu employment attorneys, will have the experience and expertise needed. They will determine if you have a valid case and guide you through the complex legal process.

When the time comes, your lawyer will file a formal complaint. This will start the discovery process, in which evidence is exchanged. The result could lead to mediation, negotiation, or trial.

To conclude, losing your job with no cause is distressing. That’s a fact. How you choose to proceed afterward is crucial, though. By following the right legal option, you will stabilize your life and could even receive compensation in the future.