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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Copyright © 2000, J. Steven Niznik. All Rights Reserved.
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