How to Get Your Job Back After Wrongful Termination in 2024?

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What is Wrongful Termination?

According to USA.gov, wrongful termination, also referred to as wrongful dismissal or wrongful discharge, happens when a termination violates state or federal laws or breaches an employment contract [1].

While most states recognize at-will employment, which means both the employer and employee can end their professional relationship at any time, firing an employee for certain reasons might meet the legal definition of wrongful termination. If an employee proves wrongful termination, their employer might experience legal or financial consequences.

Termination might be deemed wrongful if an employer fired an employee:

Due to discrimination
In violation of federal or state labor laws
Because the employee reported and refused to participate in harassment
Because the employee reported and refused to engage in an illegal act or safety violation
Termination could be wrongful if an employer fires an employee without adhering to their own termination policies.

Also Read: When You Can Sue for Wrongful Termination?

How To Get Your Job Back After Being Wrongfully Terminated

To get your job back after being wrongfully terminated, you can consider the following steps:

Understand Your Rights: Familiarize yourself with labor laws in your area to determine if your termination was indeed wrongful. If you believe it was, you may have grounds for legal action to seek reinstatement.
Gather Evidence: Collect any documentation, emails, performance reviews, or other evidence that supports your claim of wrongful termination. This evidence will be crucial in proving your case.
Consult with an Attorney: Consider consulting with an employment attorney who specializes in wrongful termination cases. They can advise you on the best course of action and represent you in legal proceedings if necessary.
File a Complaint: If you believe you were wrongfully terminated, you may file a complaint with the relevant labor board or agency in your area. They will investigate your claim and may help you seek reinstatement.
Negotiate with Your Employer: In some cases, it may be possible to negotiate with your employer directly to seek reinstatement. This approach is more informal and may be successful if your employer is willing to rectify the situation.
Consider Alternative Options: If reinstatement is not possible or desirable, you may seek other remedies such as monetary compensation or a settlement agreement.

It's important to act promptly and seek legal advice to understand your options and rights in a wrongful termination case.

Can I Sue for Wrongful Termination?

According to the P&N, you have the right to pursue a wrongful termination lawsuit if you believe your firing violated federal or state anti-discrimination laws, or breached an employment contract [2].

The strength of your wrongful termination case relies on presenting evidence that proves your employer's reason for firing you was unlawful. Wrongful termination claims often stem from retaliation, discrimination, refusal to engage in illegal activities at work, or breach of contract, among other reasons.

Before filing a lawsuit in court, it's typically advisable to file a complaint with the Equal Employment Opportunity Commission (EEOC). This process allows for an initial investigation and potentially a resolution attempt through mediation.

A successful wrongful termination suit could result in reinstatement, back pay, compensatory damages, and sometimes punitive damages.

Wrongful Termination Success Rate Statistics

As stated by the Tong Law, general estimates suggest that approximately 90% of cases are settled before reaching trial. Employers often prefer to settle rather than go to trial due to the high costs and risks involved in litigation [3].
According to a survey by Nolo.com [4], 64% of individuals who had legal representation received compensation, with an average settlement amount of $48,800.
In contrast, only 30% of those without legal representation received compensation, with an average settlement of $19,200.
Another survey conducted by Martindale-Nolo Research [5] found that 43% of individuals overall received compensation through a settlement or court award.
The most successful group in this survey had both witness testimony and written evidence to support their claims, with a 63% success rate.
In comparison, those with only written evidence had a 50% success rate, and those with only witness testimony had a 28% success rate.

In summary, the evidence suggests that legal representation significantly enhances the likelihood and amount of compensation in legal disputes, with additional support from witness testimony and written evidence further boosting success rates. These findings underscore the importance of preparing thoroughly for legal proceedings, whether aiming for settlement or trial.

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FAQs

Can I seek punitive damages in a wrongful termination lawsuit?

Yes, in some cases, you may be able to seek punitive damages if your employer’s conduct was particularly egregious or malicious. Punitive damages are meant to punish the employer and deter similar behavior in the future.

What are my rights if I am rehired after wrongful termination?

If you are rehired, you have the right to be treated fairly and not be subjected to retaliation or further unlawful treatment. Your reinstatement should come with the same benefits, pay, and seniority as before your termination.

Can I file a wrongful termination claim if I was an at-will employee?

Yes, even at-will employees can file wrongful termination claims if their termination violated specific laws, such as anti-discrimination laws, or if it was in retaliation for exercising legal rights or reporting illegal activities.

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The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.

If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

References:

1. https://www.usa.gov/wrongful-termination
2. https://www.tong-law.com/how-often-are-wrongful-termination-cases-won/
3. https://www.nolo.com/legal-encyclopedia/wrongful-termination-claims-how-much-can-i-expect-in-compensation
4. https://www.lawyers.com/legal-info/labor-employment-law/wrongful-termination
5. https://puschnguyen.com/understanding-your-rights-can-you-sue-for-wrongful-termination/

6 Steps to Get Your Job Back After Being Wrongfully Terminated