There are a lot of reasons a person is terminated.A person may be terminated in violation of their contract.They may be terminated because of their race.The general process for filing a wrongful terminated claim for discrimination is done through the Equal Employment Opportunity Commission.You may be able to file a lawsuit against your employer if the EEOC can't solve your issue to your satisfaction.
Step 1: Do you work at will?
An employer can fire an employee for any reason or no reason at all.An employee can quit at any time.All but Montana are at will states.There are limits to employment.If you have an employment contract, it supersedes the doctrine of at will.Statutory anti- discrimination laws prohibit bias against certain characteristics.You can't be fired for failing to perform an illegal act or for reporting an employer's illegal activity in some states.
Step 2: The basics of federal anti- discrimination law can be learned.
Federal statutes prohibit discrimination on the basis of race, color, national origin, religion, and disability.It is against the law to fire someone for these reasons.Federal law prohibits discrimination on the basis of sex.It is against the law to fire a pregnant woman because of her sex.There is age discrimination.It is against the law to fire someone who is over the age of 40.Discrimination based on sexual orientation is not allowed for federal employees.It is illegal to fire a gay male because he is too effeminate or otherwise fails to conform to sex stereotypes.It is illegal to retaliate against an employee for reporting discrimination.Even if the EEOC finds no discrimination, this prohibition still applies.
Step 3: You can read about state and local anti- discrimination laws.
The federal anti- discrimination laws don't give states as much protection.Half of the states prohibit discrimination on the basis of sexual orientation.
Step 4: If you have an employment contract, check it.
Breach of contract can be used in wrongful terminated cases.If you have an employment contract, your employer must abide by it.Failure to abide by the terms can lead to a lawsuit.If you were guaranteed employment for a set amount of time, your employer has to honor that promise unless something else in the contract authorized your firing.Handbooks, policy manuals, and other documentation can be consideredmplied contracts by some states.Before being terminated, your implied contract might entitle you to a notice period or severance pay.A handbook needs to be clear that a contract is being offered.Clear evidence of a contractual promise can be found in language such as "Must" or "never" before a promise is made.A contract can be formed by verbal promises.When an employee relies on an employer's promise to his or her detriment, a contract has been created.
Step 5: You were terminated for the reason listed.
Try to find the reason in your email or letter.The real motivation may not be the reason stated.If you think the motivation was discrimination, you can file a wrongful terminated suit.
Step 6: Understand that the discharge was constructive.
Even if you quit your job, you can still bring a wrongful dismissal suit.When you quit your job because of the intolerable working conditions, you areConstructive discharge.It is difficult to proveConstructive discharge.You will need to show that the hostile work environment was created or allowed by the employer.Sexual harassment which your employer participates in is a good example.
Step 7: There is a pattern of bias or retaliation.
Evidence of bias is needed if you believe you were discriminated against.Disciplinary notices, performance reviews, and any communications between you and your supervisor would be relevant documents.It could be difficult to gather documentation.In hindsight, some acts appear to be unfair.If you can, you should write down everything that could indicate bias on a piece of paper.You should note dates, names and how you responded.
Step 8: Determine if you want to file with a state agency.
There are cases of employment discrimination handled by the EEOC.You can file a complaint with your state employment agency instead of the EEOC.It may be a good idea to file with the state agency since some states give more protection than the federal government.If you have a state agency, check the Department of Labor website.California allows applicants to request an immediate right to sue letter.If you want to go to court, you don't need to wait for your administrative remedies to be exhausted.Federal law does not prohibit discrimination based on sexual orientation.It defines disability more broadly than federal law.
Step 9: Take any required preliminary steps.
Before you file a complaint with the EEOC or your state agency, you will need to work through a company policy.If you want to file a constructive discharge claim, you need to follow your company's policies for reporting harassment or hostile conduct.Follow the procedures in your employee handbook.You should contact your union representative if you are a member.The ability of union workers to file work related lawsuits is limited by contract provisions.
Step 10: You should consider hiring an employment lawyer.
The facts of your case are different from state to state.A qualified employment attorney can offer tailored legal advice.You can find an attorney by contacting your state bar association.They should have a referral system.Ask about a contingency fee arrangement if costs are a concern.If she wins your case, the attorney gets paid.If the case goes to trial, she will get up to 40%.You will be responsible for most court costs.
Step 11: Go to the appropriate agency office.
There are field offices for the EEOC.You would usually file your complaint at the nearest EEOC office.You can find an office by entering your zip code.The Department of Labor in your state can help you find a state agency.
Step 12: You should have a meeting with the office of the EEOC.
You should contact the state office of the EEOC as soon as possible.When pressing your claim for discrimination, there are many deadlines that need to be met.You have 180 days to file a complaint with the EEOC.If your state has laws that prohibit discrimination on the same basis as federal laws, the deadline is extended to 300 days.
Step 13: You have to fill out the complaint.
You can file a complaint in person at any EEOC office.Each office has a procedure for how complaints are filed.You will be interviewed by an EEOC lawyer.The staff member will evaluate the actions of your employer during the interview.
Step 14: Mail file.
You can file by mail if you can't stop in.If you want to file a complaint against the number of employees employed there, you should send a letter with your name, address, and phone number to the EEOC.
Step 15: Wait for a decision to be made.
The EEOC will decide whether or not to pursue your claim after interviewing you and receiving your complaint.The decision will be mailed to you.If the EEOC wants to pursue your complaint, they will send you a form that describes the incident you described.Before you send it back, you must review it and sign it.The EEOC will interview your former employer if it receives your signed charge form.
Step 16: Ask for a letter that gives you the right to file a lawsuit.
The EEOC has 180 days to make a decision.You can file a lawsuit against your former employer if you don't get a right to sue letter for 180 days.You have 90 days to file suit after you receive the letter.
Step 17: The correct court can be found.
You will file the claim in the state court where you were employed.You can file a federal anti- discrimination or retaliation claim in federal district court.If you want to file a lawsuit under state or local anti- discrimination laws, you can do it in state court.
Step 18: If you wish to make a complaint, you should draft it.
The complaint should be prepared by your attorney.The facts that give rise to the lawsuit will be included in the complaint.Ask your attorney for a copy of everything that was filed in court.You can keep a record of how attentive your attorney is.
Step 19: If you wish to file the complaint, do so.
A filing fee must be paid before the complaint can be filed.Even if you are operating under a contingency fee agreement, you will be responsible for filing fees.If you don't have an attorney, you can file a complaint at the court clerk's office.Bring multiple copies of the complaint and have the clerk time stamp them.Call ahead of time and ask the clerk how much the filing fee is and what methods of payment are acceptable.
Step 20: You should serve notice and summons to your former employer.
If the court doesn't have the ability to hear your case, you must serve notice on your former employer.Service can be done by mail, through the sheriff, or by a professional process server.You must use a return receipt to serve through the mail.If you want to personally serve the notice and summons, you should use a professional process server.You can use either in most counties.If either is allowed, ask the clerk.If you use personal service, you need to fill out a form.It could be a different name.The purpose of this form is for the server to confirm the service was made.It is filed with the court clerk after being signed.Service of process issues should be handled by your attorney.The fee will have to be paid by you.
Step 21: There is a discovery process.
You and your former employer will go through a process known as discovery, in which you share with each other the documents and information you plan to use to prove your claims at trial.There are three basic stages of discovery.During any of these stages, your former employer may contact you for a settlement.Interrogatories are written questions that you and your former employer will exchange during written discovery.If there is a legal reason that your former employer is not entitled to the answer to that question, you will submit it in writing.Your former employer might ask you something that is protected by attorney-client privilege.You would raise an objection if the question asks for information that is protected by attorney-client privilege.You can ask your former employer to give you copies of documents related to your case during document production.You could ask your employer to give you a copy of your personnel file.During depositions, you and your former employer interview potential witnesses.The human resources supervisor is in charge of recording and processing employee dismissals.All questions and answers are recorded by a court reporter and the person being deposed is under oath.
Step 22: Alternative dispute resolution is something you should consider.
At any point during discovery, you may decide to use an alternative dispute resolution method to resolve your problem.Some courts may require mediation before setting a trial date.A neutral third party can help you and your former employer come to a compromise that both of you are comfortable with.The rules of procedure and evidence are less strict than in a simplified trial.
Step 23: You should proceed with your lawsuit.
You must go to trial if you don't resolve your claims through mediation.Both you and your former employer will present evidence at the trial.The judge or jury will make the final decision on who is right or wrong.