Losing a job can be a distressing and life-altering experience. This is especially true if you believe your termination was unjust or unfair.
Whether you were let go due to alleged misconduct, performance issues or reasons beyond your control, you are entitled to legal rights and options following wrongful termination.
Know Your Employment Status
Before taking any action, it’s crucial to assess your employment status and determine whether you were classified as an at-will employee or had an employment contract.
In Minnesota, most employees are considered at-will, meaning that either the employer or the employee can terminate the employment relationship at any time and for any reason, as long as the firing was not due to the worker’s protected status, including race, gender, creed, religion, national origin, marital or familial status, gender, sexual orientation and age.
Gather Evidence
If you believe your termination was due to your being a member of a protected group or status, start by gathering any evidence to support your claim. This may include performance evaluations, emails, memos or witness testimonies that demonstrate your exemplary performance, discrimination or mistreatment by other employees or anything to refute any allegations made against you.
Additionally, document any conversations or incidents related to your termination, including dates, times and individuals involved.
Evidence is extremely important in these cases, because employers can often fabricate justifications for firings that were truly due to discrimination or retaliation for things like making HR complaints about discriminatory practices or hostility in the workplace.
Review Company Policies
Be sure to carefully review the employee handbook, employment contract or any other documents that outline the company’s policies related to termination. Pay close attention to any specific procedures that must be followed. In some cases, an employer may not have followed the proper protocol, such as providing notice, conducting performance evaluations or putting an employee on a performance improvement plan, which may be required prerequisite steps before termination.
File a Complaint
If informal negotiations fail to resolve the issue, you may choose to file a formal complaint with the appropriate government agency, such as the Equal Employment Opportunity Commission (EEOC) or the Minnesota Department of Labor and Industry.
These agencies investigate claims of discrimination, retaliation and other unlawful employment practices and may pursue legal action on your behalf if warranted.
Consult with an Employment Lawyer
If you suspect wrongful termination, consider seeking legal advice from an experienced Minneapolis–St. Paul employment lawyer. A knowledgeable attorney can review the details of your case, assess the strength of your claim and provide guidance on the best course of action.
They can also help you understand your rights under state and federal employment laws and determine whether you have grounds for pursuing legal action against your former employer.
Explore Alternative Dispute Resolution
Before resorting to litigation, some people may consider exploring alternative dispute resolution methods such as mediation or arbitration.
These processes can help facilitate constructive dialogue between you and your employer, potentially leading to a mutually agreeable resolution without the need for costly and time-consuming litigation.
Consider Litigation
If all other avenues have been exhausted and you believe you have a strong case, you may choose to pursue litigation against your former employer.
A skilled employment lawyer can represent you in court and advocate for your rights, seeking remedies such as reinstatement, back pay, compensatory damages and attorney’s fees if successful.
You Don’t Have to Accept Wrongful Termination Due to Discrimination
If you believe you were unjustly terminated from your job and are considering legal action, the referral counselors at the Minnesota Lawyer Referral and Information Service are here to help.
We connect people in Hennepin County and Ramsey County with attorneys in all types of practice areas, including employment law. Contact us today through our website for a confidential consultation with a referral counselor or give us a call at (612) 752-6699 and let us connect you with the legal representation you need.
