How to Sue an Employer for Wrongful Termination ?
Wrongful termination is one the most common types of employment dispute. Every year thousands of employees are subjected to wrongful termination, but are completely unaware of the correct legal course against it. Before considering about taking an action against the employer, you need to establish whether the termination was wrongful or not.
Wrongful termination is difficult to prove, because most states have an “at will” policy when it comes to employment. Under this policy, either the employee or the employer may terminate employment at any time without consequence. However, there are illegal reasons to terminate an employee. Winning a wrongful termination suit requires that you produce sufficient facts that you were terminated illegally.
If you are considering suing your employer for wrongful termination, you should first consult an employment attorney. Below are a few steps towards filing a successful claim:
Determine whether you are an at-will employee;
Review your employment contract, which should give your insight on what type of employee you are, for what reasons you may fired, and the steps you need to take to file a complaint;
File a complaint with your human resources department; and
If your filed complaint does not turn out in your favour, speak with your attorney who, if need be, will be able to push forward with your claim.
What can you do?
Start by approaching the human resource department of your company. It will be in a position to explain where you stand legally and will help resolve the issue. You can also lodge a formal complaint directly with the department and should give it adequate time to evaluate your situation and suggest a solution. If you are not satisfied with the response, you can file a court case.
In case of a violation of your contract, you can file a case in a civil court. Cases of mental harassment can be filed in the civil court as well as a criminal court, if you add the charge of criminal intimidation. Consult a lawyer to see if your case can be settled through arbitration or by a labour tribunal as this is easier and more cost-efficient.
If you decide to take the matter to court, ensure that you prepare yourself well for it. Maintain a record of all the incidents that you think were wrong or in violation of your rights. If possible, note down the date and time as well. This will be immensely useful to your lawyer, who will be able to ascertain if you have a case at all. You can use this information even while discussing the matter with the HR team.
Looking toward the future, practice answering interview questions about the termination, and gather references from contacts to bolster your candidacy for jobs. Don’t let this reversal stand in the way of your success.
When I was working for an IT company in Bangalore from March 2016, even after an year of service they did not confirm the service. In stead they hired some freshers, gave them training, transferred me to another company by promising salary hike and after 3 months of work told that the contract was only for 3 months and terminated the service but still retained employment with a parent company but provided no salary since Nov 2017. How to handle such cases.
When I was working in Trivandrum from 2008, got married in 2010, daughter born in 2011. I had to take leave to take care of wife, daughter as both wife, daughter had surgeries. I also had to visit in-laws place. But the company terminated the service in 2011 asking me to find an employment near wife’s place. How to handle such cases and is there a quick and easy remedy, please let me know.
This is a good article and very much beneficial for the people who have been victimised by the Management. One should take advantage. I request to everybody to read this and make a wide publicity through mail. Thanks –
If employer relocate in metro city without any increment so what to do? Pls guide me. I am having this problem.
I was made to relocate from one city to other, and was asked to leave on 14th day of my job, how can I go legal with this? am a lady and left my family just for this job, took house, and here they said since my aptitude of understanding of what they do is not there they asked me to resign under duress.
in IT dept of Sigma Aldrich(a subsidiary of Merck) Electronic city, Bangalore an employee accidentally become a Technology Head, Although neither he has any technical education nor technical experience. He tried to promote his well wisher only. Again with the help of fake Technical Head one more employee promoted as manager, neither he has management education nor management skill. Both together started game in the team. After some time many people noticed that he is doing partiality based on cast, region, religion, age and gender. One of employee reported this thing to HR and HR informed to manager. Since both leader are skill less hence team was lacking the technical help hence one of employee asked to their director to hired a technical Architect who can help to the team. Since both leader was skill less so after some time both leader planed a game to remove all old team member from company. Slowly all old team member left the company and who still was there they created conspiracy to remove the employee. Since HR is dummy so one fine day they called one of employee and force fully asked to resign from the company. They given the lot of threat but employee didn’t resign, and he asked to give me a day time to think but they didn’t given any time and they immediately given termination letter. Since they tortured to employee so he become nervous and got mentally disturbed. He didn’t given him experience letter so he cant search his another job. Intentionally they harassing to that person.
What should step can be taken against that manager and company?
not much details are given here so this article is not of much use.
great article
Mine is a case of extreme harassment by an extremely powerful foreign multinational. This multinational hounded me across three countries in two continents and committed breach of contract while I was abroad by repatriating me when the contract clearly said I could be sent back to india only upon at will termination. In india the harassment continued till I was forced to give a legal notice whereupon I was terminated for misconduct. When I came back to india no new contract was given to me. So technically my contract abroad is a continuing one. Under the circumstances isn’t the termination not only abusive but also null and void
My self girishkansara2@gmail.com worked mnc32yearcontinue service last dec2013 pay vrs final settlement without incicrement 2008/13 8year breach of continued service agreement pay vrs3m salary. Legally it deduction 4.90lac no form16 or pay it or no replay. What to do? Means dadagiri not to pay as agreement breach of continue servicrpay.
My self girishkansara2@gmail.com worked mnc32yearcontinue service last dec2013 pay vrs final settlement without incicrement 2008/13 8year breach of continued service agreement pay vrs3m salary. Legally it deduction 4.90lac no form16 or pay it or no replay. What to do? Means dadagiri not to pay as agreement breach of continue servicrpay.
On 20th of dec 2019 company ask me to resign from by job. I worked with the company from 13 years. I was forced to give resign. The region for given the resignation was that company is reducing manpower. So on the same day I had given police complaint. Can I go to court for complaint.
I am mechanical engineer.
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