By Derrek Cummings on May 10th, 2018
Losing a job is always devastating, but it is even worse when you feel you have been fired unjustly. Luckily, the law protects workers from wrongful termination. If you think you may have a wrongful termination lawsuit, there are a few steps you should take, including reaching out to a reputable lawyer to analyze your case.
How Do You Prove Wrongful Termination?
Pennsylvania is an at-will state, meaning employees can be fired for no reason at all, or for any legal reason. However, there are still reasons for which workers cannot be terminated, which include:
- Race
- Gender
- Disabilities
- Age
- Religion
- Color
- National origin
You also cannot be fired as retaliation for complaining of unlawful discrimination or because you made a workers’ compensation claim.
If you are not sure whether your firing was illegal, consult an employment attorney as soon as possible. Also, keep in mind that you may have a claim if you were harassed or discriminated in the workplace and were then downsized or even resigned yourself. Any time the end of your workplace relationship ends acrimoniously, it may be useful to speak with an attorney to get legal advice.
Papers to Make Available for Your Attorney: A Wrongful Termination Checklist
If you suspect your employer may have acted illegally, it is essential to keep as much documentation as possible. In many cases, illegal action on the part of an employer is difficult to demonstrate, so you need documents to prove wrongful termination. With accurate, specific documentation, it becomes harder for your former employer to allege your firing or resignation was legal.
One challenge with wrongful termination claims is that sometimes the evidence is not officially documented. For example, your manager or employer may make casual comments which you deem discrimination. As soon as you notice such comments, make notes of them and record the date, time, location and the exact words said. This can act as documentation. Keep track of any grievance processes, harassment, work reviews, screening and anything else that seems relevant. You can even ask to see your personnel file and get copies of the documents it contains.
In general, you will want to keep as many documents as possible related to your employment and any discrimination you have suffered. Your attorney may find a variety of materials useful, including:
- The application you used when applying for the job
- Your resume
- An official job description
- Copies of any documents you have from your personnel file
- The correspondence related to you getting an offer of employment
- Any performance or work reviews
- The manual or handbook provided to employees at your job
- The employment contract you signed
- Any records related to your salary and wages
- Any accident reports and any documentation about any work injuries you sustained
- Any medical records relevant to your termination or work
- Your financial information
- Your unemployment compensation records
- Details about where you have applied to work since leaving your old position
- Any letters of reference
- Any drug tests or screenings you had to pass on the job or before you were hired
- Any records related to paid leave, time off and vacation time
- Any documentation related to your work attendance
- Any records of any reprimands or complaints you made
- The contact information of any colleagues who might be useful witnesses or can provide testimony
- Any documents you kept of harassment or any other problems you encountered
- A list of people who may have faced the same issues at the same company
- A list of training completed
- Any records, texts, letters or emails related to the end of your employment
It can be useful to make two copies of each of the above, organize these records and bring them with you to your initial meeting with an employment attorney. Your attorney can determine which documentation is most relevant and which are needed for your claim.
The time frames for filing wrongful termination claims is often quite short, so be sure to act promptly to make sure you do not miss any deadlines.
Contact Weisberg Cummings, P.C. for More Assistance
Do you feel you were wrongfully terminated? Contact one of the attorneys at Weisberg Cummings, P.C. by calling (855) 716-2367 to schedule a free consultation.