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What Elements Must Be Proved For A Wrongful Termination Case?



Every year, hundreds of thousands of claims are filed with the EEOC and allege racial discrimination, age discrimination, retaliation and other wrongful termination causes of action. In 2010, over 35,000 cases were filed that involved charges alleging racial discrimination in the workplace. Wrongful termination is a serious issue that has become increasingly commonplace in the corporate world. When a person believes that he or she may have a wrongful termination case, then he or she may want to file a lawsuit against a former employer. According to the EEOC, federal employees have a different process for filing a lawsuit against the government. Contact a wrongful termination attorney to figure out the best ways to file your lawsuit.

Filing A Lawsuit

The process of filing a lawsuit with the EEOC can be very tedious. One will have to file a formal complaint with the EEOC that alleges the exact forms of discrimination that occurred in one's case. A wrongful termination lawyer can help you understand wrongful termination laws and allege the appropriate causes of action in your case. You may want to file a claim of discrimination based on sexual orientation, national origin, age or race. A wrongful termination lawyer will help you understand which claims are the most appropriate ones to make in your filing with the EEOC.

Elements Of Wrongful Termination Claims

When you have a wrongful termination claim, you will need to prove different elements based on your employee status. The elements that you will have to prove will differ depending on whether you are a contractual employee, employee at will or labor union employee. For example, if you are a contractual employee, then you will need to show that you suffered financial damages as a result of the breach of contract. You may also be able to prove one of the following causes of action in your wrongful termination case:

Retaliation Claims

A wrongful termination lawyer can help you if you have filed a retaliation claim and have been fired as a result. Workers will typically file retaliation claims when they are working in unhealthy or unsafe conditions in a workplace. A wrongful termination lawyer will help ensure that an employer does not respond to this claim by firing you from your position.