Wrongful termination settlements are tough, whether you are an employer or an employee. With the COVID-19 pandemic forcing thousands of employers to hand over pink slips, it is important to understand how the process works and where do you stand in the scheme of things.
From approaching the Labour Commission to hiring an attorney to help you with the settlement process and paperwork, the challenges can be overwhelming, to say the least.
In this article, we help employees navigate the murky field of wrongful terminations and point out what could work in their favor and what are some things they should avoid.
Ensuring you have the Best Legal Support
As an employee, you need to lawyer up to the best of your abilities. Employers have powerful legal assets at their disposal and will fight your settlements claim tooth and nail. This is why you need to have the best experts to fight your wrongful termination settlements.
Even if you are someone who feels you are adequate in yourself, you need someone who specializes in such cases. A good legal attorney can read the fine print of the termination and defend your rights in a court of law. If your employer does not want to go to court, then your attorney would be required to come with a settlement plan.
Attorneys are critical as they can help you gather the evidence required for the case. They can also ensure that the employer is not using any unfair means to rob you of your entitlement. Getting a good attorney also acts as a defense, which makes the employer start taking your individual case seriously.
Avoid talking about your Case Details to anyone especially at the Office
Many legal experts point out that if a case is sub-judice in nature, it is best to keep the details to yourself. Anything and everything might be used by your employers to argue in their favor in court. They can file defamation suits if you go around telling everyone about the case.
Even though some of your colleagues turned best friends are struggling with similar issues, it is in your best interest not to discuss your case. Ensuring a high level of professionalism and keeping things close to your chest is the best approach in wrongful termination settlements.
Bad mouthing the company on public platforms like social media is never a good option. Not only can it hamper your present case, but create a precedent for a future employer. The future company might be hesitant to take on somebody who has prior experience of dragging legal issues in a public domain.
Pay Attention to the Contents of your Work Contract in Details
According to the top settlement experts, employees need to pay attention to their work contracts. The long piece of document, with several terms and conditions, might be the best thing in your favor or your worst enemy.
Under most state laws, an employer needs to offer severance to their employees and a defined notice period. If your employer is not doing either or selectively doing one, then you have every right to file a wrongful termination settlement suit.
In addition to paying attention to the details of the contract, employees should also be familiar with the labor laws in their respective states. If an employer is not complying with the same, you can approach the Labour Commissioner directly for the case.
Employees should also communicate with their employers and let them know about the legal steps, which have been taken. Proper communication between employees and employers can play a vital role as evidence.
The Final Word
One major thing that employees need to keep in mind is that the COVID-19 pandemic has resulted in thousands of lawsuits of this nature. This means that there is a huge backlog of cases for the courts to hear. In other words, you need to be prepared to fight out your case over a long period of time.
You also need to ensure that if your employer does not want to go to court for fear of the bad press, then your settlement offer should be ready. This is why you need to discuss all these possibilities and challenges with your legal attorney right at the very start.