Losing a job in the 21st century can put you out of place, especially if it is the only source of income to take care of your family. When you think the employer has fired you illegally, you can file a lawsuit against them for fair compensation.
When filing such a lawsuit, you need to understand the legal grounds to determine when it was a violation of contract or work discrimination. Next is reviewing your employment document to analyze the contract and termination letter before consulting an attorney. When you hire a lawyer, they will draft a legal complaint with details and facts of your case and then file a complaint in the right court.
The following is a legal process for filing a wrongful termination lawsuit:
What to Expect When Filing a Wrongful Termination Lawsuit
Understand Wrongful Termination
An employer can violate your rights, and you might not know, so you live a miserable life when you can talk to a lawyer to seek justice. Wrongful termination occurs when the employer fires you for no reason, violating public policy and your legal rights. This includes breach of contract, discrimination, and termination when you refuse to do illegal activities.
The Initial Steps
Before engaging your lawyer, you must evaluate your employment contract, termination letter, and related documents. Find anything related to dispute resolution and grievance procedures to create a strong case.
You might have an excellent lawyer for other purposes, but not one specializing in wrongful termination lawsuits. Getting an expert to analyze your case and determine if you have legal grounds to proceed with the case and get a fair settlement is important. Time limits to file such lawsuits vary, so ensure you meet the deadline to pursue your claim.
Filing Wrongful Termination Lawsuit
Once your attorney has all the necessary information concerning your case, they draft a legal complaint indicating your challenges and the damages you seek. The lawyer then files the complaint with the right court.
The court’s jurisdiction varies depending on the particulars of your case and the location of both parties. The complaint should also inform your former employer of the lawsuit so that they can also plan with their lawyers.
The Pre-Trial Procedures
Once your employer learns of the upcoming lawsuit, they will file an answer by either raising defenses or refusing the allegation. At this point, they can also file a case to dismiss the case and counterclaim.
During the discovery phase, both parties will be interrogated, answering written questions under oath. Oral questioning will also occur, with both parties answering under oath as the court reporter transcribes every word.
The Settlement Negotiations
When the employer knows they are wrong, they will try to settle the case before trial through alternative resolutions like mediation. The process may be less formal but quicker and less costly than a trial.
If the employer agrees to compensate you, they will pay you some money in exchange for you to drop the case. If the settlement is not what you like, you can take the case to trial for further claims.
Conclusion
Filing a wrongful termination lawsuit is a complex process that requires sufficient preparation and involves an experienced lawyer. Although the process is challenging because you are fighting against your former employer, you deserve justice, and a good lawyer will be helpful.
