How do i file a wrongful termination claim

While the state of Florida aims to protect employees against unfair termination practices, it also enforces an 'At Will' policy, meaning that both employers and employees have the right to terminate employment, even without any valid reasons at all, unless an employment contract states otherwise.

However, this does not mean that you can't file a complaint, especially if you believe that this privilege has been somehow abused by your employer.

If there is any reason to believe that you have been unlawfully terminated from your job, you should immediately bring your case to one of the most competent wrongful termination attorneys in Miami so that you can be guided accordingly. If your case is based on valid grounds, you should file an initial complaint with the Equal Employment Opportunity Commission EEOC within days after you have been fired from your job.

For example, 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 termination. Your implied contract might entitle you to a notice period or severance pay before being terminated. Language in a handbook must be sufficiently clear that a reasonable employee would believe that a contract is being offered. Identify the reason you were terminated. You should look at your termination letter or email and try to find the reason given.

The reason stated may not, in fact, be the real motivation. If you believe the motivation was discriminatory, then you can seek redress by filing a wrongful termination suit. You will need to show that the employer created or allowed the hostile work environment, or that your employer knew that the environment would likely cause you to quit.

A good example is sexual harassment which your employer condones or participates in. Document a pattern of bias or retaliation. If you believe you were illegally discriminated against, then you will need evidence of the bias. Relevant documents would include disciplinary notices, performance reviews, and any communications between you and your supervisor or other members of management.

Gathering documentation could be difficult. Some acts appear discriminatory only in hindsight. As best as you can, you should sit down and write down everything you remember being said or done that could indicate bias. Note dates, names, and how you responded. Part 2. Determine whether to file with a state agency. The EEOC is a federal agency created to handle cases of employment discrimination. Some states provide more protection and afford plaintiffs more rights than the federal government, so it may be beneficial to file with the state agency.

This means that you would not need to wait to exhaust your administrative remedies before going to court, as you would with the EEOC. Take any required preliminary steps. In some cases, you will need to work through a company policy for filing a grievance before you file a complaint with the EEOC or your state agency.

Look in your employee handbook and follow any procedures. If you belong to a union, then you should contact your union representative. Unions often have contract provisions that limit the ability of union workers to file work-related lawsuits.

Consider hiring an employment attorney. Employment law differs from state to state, and the facts of your case are unique. Only a qualified employment attorney can offer tailored legal advice. To find an attorney, contact your state bar association. They should have a referral system. If costs are a concern, ask about a contingency fee arrangement. Under this arrangement, an attorney only gets paid if she wins your case. Locate the appropriate agency office. The EEOC has field offices around the country.

Usually, you would file your complaint at the EEOC office that is nearest you or your place of employment. To find an office, visit this website and enter your zip code. Set up a meeting with the EEOC office. You should contact the EEOC or state office as soon as possible. There are many different deadlines that you will need to meet when pressing your claim for discrimination. Generally, you must file a complaint with the EEOC within days from when the discriminatory act happened. Like most employees in the U.

In fact, many employers offer little or no explanation when firing an employee. They may even try to portray the termination as a layoff. That said, proving unlawful termination is challenging. You may need to furnish additional evidence or paperwork to file a complaint. They will help you build a solid case.

Filing a wrongful termination lawsuit may not be as cut-and-dry as it seems. After collecting relevant evidence, you will have to lodge a wrongful termination claim with the EEOC. Once the EEOC receives your complaint, they will investigate it thoroughly. In most cases, the EEOC will ask both the employee and employer to resolve the issue through mediation. If either party fails to settle, the investigation will continue.

It will also explain the types of actions taken by employers that generally result in wrongful termination lawsuits. The primary steps that must be taken to sue your employer for wrongful termination are:. It is important to first determine your employment status under California law. Basically, you want to determine whether you are an employee or an independent contractor. An initial way to determine whether your employer has classified you as an employee or independent contractor to check whether your employer issued you a W2 or a W9.

A W2 is issued to employees, while a W9 is issued to independent contractors. However, it is important to know that just because your employer classified you as an independent contractor does not necessarily mean you are one under the California or federal law.

Pursuant to Labor Code Section , you can only be considered an employee if you are working under the direction, supervision and control of an employer. On the other hand, an independent contractor is described as a person with a business which provides products or services and whose business has the ability to control the means by which these services are provided.

In other words, your status as an employee under California law is dependent on the amount of control that your employer or supervisor has over the way you work. A common mistake people make is claiming wrongful termination when they end a business relationship in which neither party was an employee.

According to the Labor Code Section , at-will employment can be terminated at the will of either party as long as one party notifies the other. While being classified as an at-will employee generally means that your employer can fire you for any lawful reason or even no reason at all, there are still grounds for which you can file for wrongful termination.

Under federal law, there are several reasons for which the termination of an at-will employee would be considered to be unlawful. The primary reasons for an unlawful termination under California and federal law would be if an employee was fired as a result of being part of any of the following protected classes:. The State of California also considers it unlawful for an employer to terminate an employee due to their sexual orientation, political beliefs and affiliations, or because they took time off from work that they were legally entitled to.

Under the Labor Code Section This unlawful action can be not paying employees properly, being sexually harassed, or subject to a hostile work environment, among many other things. Similarly, if your employment is terminated because of a complaint to the Labor Commissioner concerning low wages, then you can file for wrongful termination based on retaliation. As you can see, employers have the right to fire at-will employees for any reason as long as it is lawful, but if the grounds for termination include any of the above-mentioned, you can sue your employer for wrongful termination.

More specifically, if the contract between you and your employer does not specify the circumstances under which you can be fired, your employer can generally only terminate you under the following circumstances:. For immigrant employees, you should know that your employer has a limit to their ability to investigate your legal status.

The federal government gives a clear indication of the types of documents that are required by your employer before providing employment to you. Once you have determined that you have a valid claim for wrongful termination, you should begin to gather together all of the documents and records that can provide support to your claims.

This can be a difficult task in a discrimination or retaliation case because there is not always a perfect paper trail. Many you can support your case with persuasive or circumstantial evidence. For example, a common wrongful termination case occurs when a pregnant woman or an injured individual is prescribed by their doctor a medical leave from work for a definitive period of time, and is terminated during this time period.

Employee handbooks can be a strong piece of evidence.