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How to File a Wrongful Termination Lawsuit

Filing a wrongful termination lawsuit is a serious legal action. You work hard and deserve to be protected if you have been wrongfully terminated.

Losing your job is incredibly stressful, especially when your employer has terminated you unlawfully. But filing for wrongful termination is complex, and you need an experienced employment attorney to guide you through the process.

Rowdy Meeks Legal Group LLC has the experience to assess your wrongful termination case and determine the best next steps. The firm can also assist with other employment issues like wage and overtime violations.

Should You File a Wrongful Termination Lawsuit?

You should only file a wrongful termination lawsuit after careful consideration and with the guidance of an experienced employment attorney.

Asking a firm like Rowdy Meeks Legal Group LLC to assess the strength of your case can help you choose the right course of action. An employment attorney can also explain your legal rights.

If your attorney has determined that your case is strong, filing a lawsuit for wrongful termination can help you find the resolution you deserve.

What Constitutes Unlawful Termination?

Kansas, like most other states, is an at-will employment state. That means that your employer can fire you for any non-discriminatory or non-retaliatory reason.

However, some unlawful reasons for termination may justify a termination lawsuit. For example, a termination is illegal if it,

  • Violates a statute
  • Is based on discrimination
  • Breaches an employment contract
  • Violates public policy

How To File a Wrongful Termination Lawsuit

Evidence is crucial when you file a lawsuit for wrongful termination. You should gather and organize relevant documentation such as employment contracts, offer letters, termination letters, performance reviews, employee handbooks, and emails. Using your documents, you should create a timeline of events leading to your termination. Where possible, you should also include specific dates, conversations, and incidents.

Identify the legal basis for your claim. If you hope to have a successful lawsuit outcome when suing your employer for wrongful termination, an experienced employment attorney can help you establish legal grounds for the lawsuit.

Common grounds for a wrongful termination claim are:

  • Discrimination based on a protected characteristic like race, age, gender, or disability.
  • Retaliation for legally protected activities like reporting discrimination or workplace safety violations.
  • Constructive discharge.
  • Breach of public policy.
  • Violation of an employment contract.

Laws vary from state to state, so it’s crucial that employees consult an employment attorney familiar with federal and state legislation.

Contact an Experienced Employment Attorney. Before an employee files a lawsuit, he or she can file a claim with the relevant government agency. The Equal Employment Opportunity Commission typically addresses discrimination claims, and the Occupational Safety and Health Administration handles whistleblower claims. It’s crucial to meet filing deadlines, as missing them may mean a dismissal of the claim. The organization will investigate the complaint and may provide the employee with a “right-to-sue” letter.

An employment attorney can help assess the strength of a claim and guide you through the legal process. An attorney can draft and file a lawsuit in the appropriate court, serve it to the former employer, and follow the court’s procedures.

Discovery. There can be a discovery process where the ex-employee and the employer gather evidence and information to build their respective cases. During discovery, evidence is exchanged, witnesses are interviewed, and depositions are taken. The discovery process is a critical stage in a wrongful termination lawsuit. It allows both parties to gather and assess evidence, evaluate the strength of their positions, and potentially negotiate a settlement.

Rowdy Meeks Legal Group LLC is an Experienced Employment Attorney Firm

At Rowdy Meeks Legal Group LLC, we know the excuses that employers will present for unlawfully mistreating you.

You deserve to be heard. So, contact us to learn more about filing a wrongful termination lawsuit.