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Important Elements to Prove a Wrongful Termination

Wrongful Termination2Each year, the Equal Employment Opportunity Commission (EEOC) receives thousands of employment cases alleging racial, age, gender, religious, pregnancy and disability discrimination, sexual harassment, hostile workplace, retaliation and wrongful termination.

Among the types of employment cases filed before the EEOC, wrongful termination is one of most serious ones.

When a person believes that he or she has been subjected to wrongful termination, he or she may file wrongful termination lawsuit against the employer.

When it comes to filing for a wrongful termination claim, the federal employees have different way for filing a lawsuit against the government.

Filing process

Wrongful termination claims of federal employees are filed and processed at the Equal Employment Opportunity Commission (EEOC). However, the process can be stressful since an employee will have to file a formal complaint before the EEOC, alleging the exact forms of discrimination that occurred in the case. In such event, a California wrongful termination lawyer advises that it is wise enough to seek for opinion from a labor lawyer to determine the appropriate cause of action in your case.

Elements to prove in a claim

Definitely, when you file for a wrongful termination claim, you will need to prove different elements depending on your employee status. Apparently, such elements that you will have to prove will vary depending on whether you are a contractual employee, an employee at will or a labor union employee.

In most cases, a contractual employee will have to prove that he or she has suffered financial damages as a result of the breach of contract committed by the employer.  Meanwhile, in most cases of at-will employees, they will have to prove that any of the following grounds of action in the wrongful termination case:

•    Employment discrimination based on race, gender, pregnancy, religion, and disability
•    Retaliation
•    Labor law violations
•    Exceptions to Employment at-will laws

If you think that you have been wrongfully terminated for filing for a retaliation claim, an employment lawyer can help you in proving the mentioned elements in order for you to obtain adequate compensations.


Posted in Wrongful Termination.

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