Job loss can be an overwhelming and unsettling experience. You might be worried how you will cope financially and if the termination will impact the likelihood of being hired in the future. However, this can be made even worse if your contract was terminated with no reason. This is when you need to question if your job loss was lawful.
If you believe that it was not lawful, then you are looking at a wrongful or unjust termination. This opens a different can of worms, and your mind might begin spinning with all the things you need to do or worry about. It can become overwhelming, but there are some ways for you to receive assistance.
The three resources below will provide you with some form of support for wrongful termination claims.
Seek Advice From An Employment Attorney
As determining whether your firing is unlawful can be a complicated procedure, it is best to consult a lawyer who has experience in this matter. This professional will help you to understand your employee rights, which can be difficult to comprehend if you live in an “at-will” state. At-will employment means you could be terminated at any time for a variety of reasons.
However, some states have labor laws to protect employees against wrongful terminations. If you live in a state that offers this, the attorney will be able to look at the evidence surrounding your job loss and state whether or not you have a case. It is essential to provide accurate and in-depth evidence if you believe your termination was based on a protected characteristic or similar.
After evaluating the proof and determining the potential case’s strengths and weaknesses, the employment lawyer will explain the entire process. They will even counsel you on the different options you might have down the line, such as any settlement options provided by your former employer.
File A Complaint With A Government Agency
Once you have spoken with a reputable lawyer in this field, you will have a better idea if your termination was unjust. If it is, then you should think about filing a complaint with the Equal Employment Opportunity Commission (EEOC). This is a government agency that enforces laws related to employment discrimination and retaliation.
After filing a complaint with the EEOC office that is closest to your location, the agency will begin investigating the claim. If it is determined that your former employer did act wrongfully, the agency will try to find a resolution, and this might be through mediation or a settlement. Unfortunately, a lawsuit might be the only option if a resolution cannot be found.
There is usually a time limit of 180 days from the date of your termination to file a complaint with the EEOC, but this limit can change depending on several factors.
Explore Your Options For Unemployment Benefits
While you are unemployed, your income will likely decline. With this in mind, looking into unemployment benefits is useful. Your eligibility for unemployment benefits will depend on the circumstances of your firing, not the legality of it. The benefits system supports individuals who were terminated through no fault of their own. If you were involved is misconduct, though, this could harm the likelihood of you receiving the benefits.
This process can become very complicated, particularly if your former employer challenges the claim.
To conclude, there are three main resources to use if you experience sudden and unjust job loss. These resources include an employment attorney, a government agency like the EEOC, and unemployment benefits.
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