Wrongful Termination Claims: What to Do When You Are Fired Unfairly
When employers violate employee rights, they should be held accountable. Do you know what to do when you get fired unfairly?
Wrongful termination is, unfortunately, quite prevalent in the state of Florida. Employers often feel emboldened to do whatever they want, even if it means that they violate employment laws. But, workers can and should take certain steps if they have been the victim of wrongful termination.
What to Do If You Believe You Were Unfairly Fired from Your Job
Here is a guide for employees, so you know what to do when you get fired unfairly:
Determine if Your Firing is Considered “Wrongful”
There are clearly circumstances when you may think you have been fired unfairly, but what occurred (while unfair) may not have been against the law. The Department of Labor, and other state and federal government agencies that administer employment laws, have certain requirements for wrongful termination claims, which include being fired:
- In violation of state and federal anti-discrimination laws
- As retaliation for filing a worker’s compensation claim
- After enduring and/or reporting sexual harassment
- In violation of written and oral employment agreements
- After fighting for unpaid wages or unpaid overtime
- After blowing the whistle on illegal behavior or unsafe work environments
- Because you lawfully took time off under the Family Medical Leave Act (FMLA)
As you can see, many situations can occur that the legal system considers wrongful termination. Employment law attorneys lead as your legal advocates against employers who violate the law.
Gather Your Documentation
A very important step to take when trying to figure out what to do when you get fired unfairly is to gather any and all documentation you may have associated with what happened, which can include many different types of documentation, such as:
- Employee handbooks and other human resources handouts regarding policies
- Timesheets, schedules, and pay stubs
- Employee contracts and reviews
- Documentation of discrimination including dates/persons involved or witnesses, details of actions and conversations/language, locations, and any other relevant information
- Relevant photographs or audio recordings (such as images of unsafe work environments or recordings of offensive language)
- Relevant emails or memos (such as offensive language or threatening language)
- Relevant texts (including inappropriate content of a sexual nature)
- FMLA documentation
It is OK if you do not have a lot of documentation at this time. You may have (or be able to get) more than you think. Your employee rights lawyer can guide you through the process of filing a wrongful termination claim and will lead the charge against your employer.
Do Not Delay Contacting an Employment Law Attorney
At Wenzel Fenton Cabassa, P.A., we understand that it can be a very emotional and stressful time after getting fired. You may feel vulnerable and upset about the situation. While you are deciding what to do when you get fired unfairly, you may feel taken advantage of, and you may be very angry. These are natural feelings. But do not delay in contacting an employee rights lawyer. There are statutes of limitations on filing wrongful termination claims. Also, the longer you wait, the more likely that documentation may not be as available to retrieve.
Employment law attorneys know what it takes to fight for workers dealing with the many repercussions of wrongful termination – from emotional to professional to financial. They will work closely with you and help you determine your best legal options moving forward to hold your employer accountable for illegal behavior.
Wenzel Fenton Cabassa, P.A. – Fighting for Justice
As dedicated advocates for employee rights for workers across Florida, we fight for justice to help workers and their families recover and thrive after a wrongful termination. We have an extensive track record in helping employees who are fired unfairly.
Have you been fired after reporting discrimination or retaliation? Have you been fired just because you were trying to get wages and overtime that were owed? With these situations and other areas of employment law violations, we fight aggressively on your behalf against bullying employers.
Depending on the circumstances, you may be able to get your job reinstated, get your back wages and overtime pay, and get additional, significant compensation in awarded damages, among other results. We offer free consultations and handle all our cases on a contingency fee basis. Meaning, we are paid a fee only if we obtain compensation for you.
Contact Wenzel Fenton Cabassa, P.A. today to schedule a free consultation. We have locations in Tampa, Orlando, St. Petersburg, Miami, West Palm Beach, and Jacksonville for your convenience.
Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.