How do I sue my employer for wrongful termination?
File A Claim or Lawsuit
- Determine Whether the Employee is an “At-Will” Employee.
- Determine Whether the Termination was Wrongful.
- Begin to Gather and Preserve Evidence and Contact a Wrongful Termination Lawyer.
- Decide Whether to File Your Wrongful Termination Complaint Under State or Federal Laws.
Can an employer fire an employee based on a false accusation?
For example, your employer can’t discriminate against you based on a protected class, such as age, religion, or disability, and your employer can’t retaliate against you for complaining about discrimination or unsafe work conditions. However, terminating an employee based on a false accusation isn’t an exception to at-will employment.
When is it a mistake to terminate an employee without reason?
Even if an employer has credible evidence that an employee has exhibited poor judgment in a particular situation, it’s a mistake to terminate without getting his or her side of the story. The employer is not able to make a determination regarding what really happened, or to assess the employee’s credibility, if the employee isn’t questioned.
Is it illegal for an employer to fire you for no reason?
Unless your employer violates an employment contract or promises made in a company handbook, or uses the false accusation to cover up an illegal reason for terminating you, there’s no law that prevents your employer from terminating you based on a false accusation.
How does an employer mishandle the termination meeting?
The employer mishandles the termination meeting by apologizing or providing too much information. An employer must plan for the termination meeting. It is not a pleasant task to terminate an employee, and it’s human nature to say “I’m sorry,” or to fill dead space in the conversation.