How to Get Compensation for a Wrongful Termination

By eHow Legal Editor

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Before you can get compensation for wrongful termination, you must prove that you were dismissed from your job illegally. Wrongful terminations usually involve violations of an employee's civil rights, such as discrimination, or a breach of a specific contract between you and your employer. By obtaining the services of a lawyer that specializes in employee's rights, you may be able to get fair and appropriate compensation for a wrongful termination.

Instructions

Difficulty: Moderate

Things You’ll Need:

  • Employees' rights attorney
  • Copies of employee contract or any disciplinary paperwork

Step1
Consult with an experienced employees' rights lawyer after you have been a victim of a wrongful termination. A lawyer can determine whether or not you have been illegally dismissed from your job and if you can get compensation from your former employers. Your lawyer can also review any severance packages offered as well.
Step2
Supply your lawyer with any documentation from your employer in relation to your wrongful termination, such as any written contracts between you and your employer as well as copies of any disciplinary actions that have been taken against you while you were employed. Look for instances where the proper signatures were not acquired or vague language was used by the management.
Step3
Obtain additional information for your employees' rights lawyer to help you get compensation for a wrongful termination. This may include the name of the person who decided to fire you, the specific reasons for your termination and written proof of any promises made by your employer for your continued employment. Your lawyer may request copies of all documents in your employee file as well.
Step4
Negotiate carefully with your former employer to get the proper compensation and take every offer seriously. Companies are usually not required to offer severance packages unless they are specifically guaranteed in a contract. If your lawyer can show that your termination was illegal and sufficient grounds for a lawsuit, you can usually negotiate for much larger amounts.
Step5
Do not be intimidated by your former employer when you try to get compensation for a wrongful termination. Your employer will certainly hire a lawyer as well, and you may be approached to settle without your lawyer's approval. Whenever you feel undue pressure from your former employer to negotiate for less, tell your lawyer immediately.

Tips & Warnings

  • Try to negotiate for the continuation of benefits, such as contributions to your 401K plan or health insurance, until you find another job.

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eHow Article: How to Get Compensation for a Wrongful Termination

eHow Legal Editor

eHow Legal Editor

Category: Legal

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