If you are let go from your job after making a complaint against another coworker or bringing up an issue in the workplace, there is a chance that your termination could be classed as a wrongful termination. A wrongful termination can be difficult to prove, but if you can, then you may be able to seek compensation from being let go unfairly. In some cases, you may be able to get your job back.
Employers are allowed to fire you for many reasons, but there are some times when you are protected. For example, if you have made a complaint about sexual harassment in the workplace, your employer is not allowed to retaliate against you and terminate you from your role.
If you believe that you have been wrongfully terminated, you should collect evidence to build your case. What kinds of evidence work best?
- Written documents discriminating against or harassing you
If you believe discrimination or harassment played a role in your wrongful termination, then you should collect any written documents or evidence of discrimination or harassment. For example, an email calling you too old for the role or one suggesting that you dress promiscuously to meet with a client may help you show that you were harassed or discriminated against as well as when the offense occurred.
- The time and date of your complaint
If you have information on the time and date of your original complaint as well as the time and date of the termination, you may be able to show that you were fired very shortly after making a complaint. This could help link the two issues together.
- Proof of a past history of excellence
It will be harder to prove that you were wrongfully terminated if you don’t have a history of good work with your employer. If you recently had a review that was all positive or complimentary, keep that to help build your case, too.
Evidence of a wrongful termination may be available in the form of emails, communication with other coworkers or voicemails, to name a few places where you may look. If you feel you were wrongfully terminated, don’t delay in gathering whatever evidence you can.