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.
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.
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