How to Get My Job Back After I Have Been Wrongfully Terminated

Being wrongfully terminated can be upsetting and discouraging.

Getting fired from a job or being laid off is an upsetting experience, but being accused of something that you didn't do and then being terminated as a result can be horribly confusing. Being terminated means that you won't qualify for a severance package and possibly unemployment benefits. This makes it difficult to make ends meet while you look for a job, and it makes more difficult to find a job.

Instructions

1. Document the conversation and any warnings that you received leading up to the termination. Writing down the incidents while they're still fresh in your mind will help you if the case moves to litigation. If there were criminal charges involved in the dismissal, you'll need a copy of the charges, as well as any resulting information that comes up with a court case.

2. Contact a wrongful termination lawyer or your union representative to find out if you have a case. The lawyer or the union representative will help you prepare for the next step so you can clear your name and be reinstated.

3. Ask coworkers or others who witnessed the incident or the behavior to share their recollections of the incident with you. Ask if they're willing to testify on your behalf in a hearing or during a mediation.

4. Review your company’s policies regarding warnings, wrongful acts, and the steps to being dismissed. For example, your company may require that you have three written warnings before you can be dismissed for an action. Additionally, you may find that you didn't follow a specific policy that's necessary to retain your employment.

5. Set up a mediation session with your former employer where you discuss your wrongful termination. This meeting usually involves you, your lawyers, your supervisor, your human resources representative and your company’s lawyers. If you worked for a very small company, then you may not have a human resource representative.

6. Present your case for wrongful termination. Cite specific policies that are on your side in the dispute. Present the evidence stating that you were wrongfully terminated. For example, if there was a misunderstanding about your behavior, you may be able to clear it up in the meeting.

Tips & Warnings

• While you are pursuing this case, continue to look for work because the case may not be found in your favor. At the very least, work toward having your name cleared, so it won't affect your career in the future.

References

• Justia.com: Firing and Wrongful Termination
• Find Law: Ten Things to Thank About: Wrongful Termination
• St. Petersburg Times; Fighting Wrongful Termination; August 2010