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Wrongful Termination
 
 More of this Feature
• What Constitutes Wrongful Termination?
• Justifiably Claiming Wrongful Termination
• Seeking Relief for Wrongful Termination
 
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• About Employment Separation (Severance) Agreements
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• What can my ex-employer say about me?
• What's Constructive Discharge?
• What's Employment at Will?
• What's Employment Discrimination?
• What's in a Severance Package?
 
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• Model Employment Termination Act Summary
• What's good cause for firing?
• When is firing discriminatory?
• Wrongful Termination
 

Seeking Relief for Wrongful Termination

However illegal, you still might have to at least "threaten" to file a lawsuit to correct wrongful termination. Such a letter from your lawyer may be all it takes for your former employer to settle out of court. But if the employer chooses to fight and you choose to fight back, you're likely headed for court.

Alternately, you might be able to bypass the judicial system by arbitrating your case under the National Rules for the Resolution of Employment Disputes. (Browse the Rules/Procedures section.) You don't need an attorney on your side of the table, but the American Arbitration Association recommends it. In fact, some sort of arbitration might be your only choice, if you signed a mandatory arbitration agreement with the employer in question.

Update: The U.S. Equal Employment Opportunity Commission (EEOC) challenged a mandatory arbitration agreement in the Supreme Court. The EEOC won, allowing it to proceed in a discrimination lawsuit on behalf of an employee, in the case EEOC v. Waffle House. Since that was a recent decision at this April, 2002 update, it is unclear whether or not it will set a precedent in the Supreme Court or the lower courts of all states, making all such agreements unenforceable.

To determine whether or not you have a wrongful termination case for either court or arbitration, consult with a labor attorney or one specializing in this matter. You might not have to pay up front, if the attorney makes his or her fees contingent on winning your case.

If you think you have a wrongful termination case based on a discrimination prohibited by law, you may file your charge with the EEOC, "To preserve the ability of [the] EEOC to act on your behalf and to protect your right to file a private lawsuit, should you ultimately need to." To research organizations or other governmental agencies that might provide you with an avenue of relief, start by clicking Research Labor Laws in the sidebar.

Regardless of which route you take first, don't delay. There may be a time limit for filing your claim.

Wrongful Termination
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This article is just a guide and not intended as legal advice. Neither the author nor publisher are engaged in rendering legal services. Please see an attorney for legal advice. Because laws vary by state and are subject to change, neither the author nor publisher guarantees the accuracy of this article.

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